JOSEPH MICHAEL HOWARD
v.
THE STATE OF FLORIDA

Fla. 3d DCA | 2025-04-02
No. 2023-1737
Emas, J., Lindsey, J., Lobree, J., Rivera Correa, J.
2025 FL 2790 Florida District Court of Appeal, Third District (2025)

AI-generated. These summaries, headnotes, and key points are machine-generated and may contain errors or omissions. Always verify against the full opinion text below. Not legal advice.

Holding

A conviction for driving with a suspended or revoked license under § 322.34(2)(a)–(c), Fla. Stat., is affirmed when the evidence is sufficient to show the defendant knowingly drove while under suspension or revocation equivalent status.

Headnotes

[1] A defendant's claim of insufficient evidence for driving with a suspended or revoked license must be properly preserved, and unless the evidence was insufficient to show…

Previewing 1 of 1 headnotes on this case. FLexlaw’s editorially structured points of law — every proposition, pinpointed — are reserved for members.

Join FLexlaw to unlock all legal intelligence
Facts & Procedural History

Joseph Michael Howard was charged with driving with a suspended or revoked license. The trial court convicted him based on evidence that he drove a mo…

The full statement of facts, procedural history, and disposition for this case are member content.

Join FLexlaw to unlock all legal intelligence

© FLexlaw, Inc. — AI-generated enrichments are proprietary. All rights reserved.

Opinion of the Court
Lobree

Third District Court of Appeal State of Florida

Opinion filed April2, 2025. Not final until disposition of timely filed motion for rehearing.

________________

No. 3D23-1737 Lower Tribunal No. AGLZEUE ________________

Joseph Michael Howard, Appellant,

vs.

The State of Florida, Appellee.

An Appeal from the County Court for Miami-Dade County, Cristina Rivera Correa, Judge.

Carlos J. Martinez, Public Defender, and Jennifer Thornton, Assistant Public Defender, for appellant.

James Uthmeier, Attorney General and Linda Katz, Assistant Attorney General, for appellee.

Before EMAS, LINDSEY and LOBREE, JJ.

PER CURIAM.

Affirmed. See § 322.34(2)(a)–(c), Fla. Stat. (2022) (providing that

Footnotes
2 “[a]ny person . . . who does not have a driver license or driving privilege but is under suspension or revocation equivalent status as defined in s. 322.01(42) . . . who, knowing of such . . . revocation equivalent status, drives any motor vehicle upon the highways of this state while such license or privilege is canceled, suspended, or revoked, or while under suspension or revocation equivalent status, commits” either a misdemeanor or felony); § 322.34(3), Fla. Stat. (2022) (“In any proceeding for a violation of this section, a court may consider evidence, other than that specified in subsection (2), that the person knowingly violated this section.”); Turner v. State, 50 Fla. L. Weekly D385, D387 (Fla. 3d DCA Feb. 12, 2025) (“[U]nless the evidence was insufficient to show that any crime had been committed, claims of insufficient evidence must be properly preserved.” (quoting Monroe v. State, 191 So. 3d 395, 400 (Fla. 2016))); see also Ramirez v. State, 388 So. 3d 1075, 1075–1076 (Fla. 3d DCA 2024).

Cases With Similar Vibessemantic neighbors from the corpus

Citator

Authorities Cited

Full citator, related cases, and AI research tools

Open in FLexlaw