Johnson v. State

The appellant filed a facially sufficient motion pursuant to Florida Rule of Criminal Procedure 3.850 arguing that his counsel was ineffective for permitting him to plead to driving while license suspended or revoked because he had previously been designated as a habitual traffic offender pursuant to section 322.264(l)(b), Florida Statutes (2006), and thus could not be convicted of violating section 322.34(2), Florida Statutes (2006). Section 322.34(2) expressly states that it does not apply to those who have been designated “habitual traffic offenders,” as defined in section 322.264. The…