STATE OF FLORIDA, APPELLANT,
v.
LEANDER BLETCHER, APPELLEE
THOMPSON, C.J.
The state appeals the dismissal of the information against Leander Bletcher. Bletcher was charged by information with the felony of driving while his license was revoked pursuant to the habitual traffic offender statute. See § 322.34(5), Fla. Stat. (1997). The court dismissed the information and discharged Bletcher, ruling that because Bletcher had never been issued a license, there was no license that could have been revoked. We reverse. See Carroll v. State, 761 So. 2d 417 (Fla. 2d DCA 2000)(holding that defendant may be convicted of violating section 322.34(5) even though he was never issued a driver’s license, where his driving privilege was revoked pursuant to the habitual traffic offender statute).
REVERSED and REMANDED.
W. SHARP1, and GRIFFIN, JJ., concur.
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State v. Miller, 227 So. 3d 562 (Fla. 2017)…la. 3d DCA 2016), which certified conflict with decisions of the Second, Fourth, and Fifth District Courts of Appeal in Carroll v. State, 761 So. 2d 417 (Fla. 2d DCA 2000); Newton v. State, 898 So. 2d 1133 (Fla. 4th DCA 2005); and State v. Bletcher, 763 So. 2d 1277 (Fla. 6th DCA 2000). We have jurisdiction. See art. V, § 3(b)(4), Fla. Const. For the reasons that follow, we approve the Third District’s decision below and disapprove the conflict cases to the extent that they are inconsistent with this opinion.…
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Newton v. State, 898 So. 2d 1133 (Fla. 4th DCA 2005)…[*1134] PER CURIAM. AFFIRMED. See Carroll v. State, 761 So. 2d 417 (Fla. 2d DCA 2000) and State v. Bletcher, 763 So. 2d 1277 (Fla. 5th DCA 2000). WARNER, TAYLOR and MAY, JJ., concur.…
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State v. Miller, 193 So. 3d 1001 (Fla. 3d DCA 2016)…n may be convicted of violating section 322.34(5) without ever having been issued a driver’s license); see also Newton v. State, 898 So. 2d 1133, 1134 (Fla. 4th DCA 2005) (affirming a section 322.34(5) conviction, citing Carroll); State v. Bletcher, 763 So. 2d 1277, 1278 (Fla. 5th DCA 2000) (citing Carroll to support reversal of an order dismissing a sectio322.34(5) charge). Affirmed; conflict certified. . Section 322.34(5), provides: (5) Any person whose driver license has been revoked pursuant to s, 322.2…
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- Carroll v. State, 761 So. 2d 417 (Fla. 2d DCA 2000)