State v. Gil

The State of Florida appeals the trial court’s order dismissing the information charging Pedro Gil (“the defendant”) with unlawfully driving a motor vehicle while his driver’s license is revoked as a habitual traffic offender pursuant to section 322.34(5), Florida Statutes (2009), based on double jeopardy grounds. Because we agree with the Fourth District Court’s decision in State v. Cooke, 767 So.2d 468 (Fla. 4th DCA 1999), that convictions for violation of sections 322.34(2) and (5) do not constitute double jeopardy, and for the reasons stated herein, we reverse.

The defendant was arrested…