COMER H. BRYAN, III, APPELLANT,
v.
STATE OF FLORIDA, APPELLEE

Fla. 5th DCA | 2005-08-12
No. 5D02-1383
ORFINGER and MONACO, JJ., concur.
908 So. 2d 584 Florida District Court of Appeal, Fifth District (2005)

Opinion of the Court
THOMPSON, J.

THOMPSON, J.

The Florida Supreme Court quashed our decision in Bryan v. State, 862 So. 2d 822 (Fla. 5th DCA 2003), and has remanded the case to this court. Bryan v. State, 905 So. 2d 120 (Fla.2005). The supreme court’s rationale for its decision is explained in Thompson v. State, 887 So. 2d 1260 (Fla.2004).

Accordingly, we reverse Bryan’s felony conviction and remand with directions to enter judgment and resentence him for misdemeanor driving while license was canceled, suspended, or revoked pursuant to section 322.34(2)(a), Florida Statutes (1999).

REVERSED and REMANDED with directions.

ORFINGER and MONACO, JJ., concur.


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