ANTHONY ROBERT MANDILE, APPELLANT,
v.
STATE OF FLORIDA, APPELLEE
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.
The court held that the trial court erred in directly suspending the appellant's driver's license, as this authority rests with the Department of Highway Safety and Motor Vehicles.
The appellant was convicted of several felonies, including burglary and dealing in stolen property, during which a car was used. The trial court impos…
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.
DANAHY, Acting Chief Judge.
The appellant pleaded guilty and was convicted of burglary, dealing in stolen property, and trespass. During the commission of at least one of the felonies, he apparently used a car. He appeals his sentence in which the court imposed a term of incarceration and added an eight-year suspension of his driver’s license. The appellant contends that the latter portion of the sentence suspending his license is error. We agree. The trial court’s own authority to suspend or revoke drivers’ licenses is permitted under certain circumstances, none of which are present here. See, e.g., § 322.28, Fla.Stat. (1987).
This is not to say, however, that the court has no role in the revocation of the driver’s license of a criminal who has used an automobile in the commission of a felony.1 In a case like the one before us, the court forwards the record of the conviction and the factual basis showing the use of a motor vehicle in the commission of a felony to the Department of Highway Safety and Motor Vehicles. Upon receipt of such record, the Department must revoke the license or driving privilege of such convicted operator or chauffeur. § 322.26(3), Fla. Stat. (1987).2 Accordingly, we vacate that portion of the appellant’s sentence dealing with the court-imposed suspension of his driver's license; in all other respects the sentences are affirmed. We remand the case to the trial court for further proceedings in compliance with section 322.26.
LEHAN and ALTENBERND, JJ., Concur. . Compare Moreland v. State, 442 So. 2d 1002 (Fla. 2d DCA 1984).
. The statute provides the following: 322.26 Mandatory revocation of license by department. — The department shall forthwith revoke the license or driving privilege of any operator or chauffeur upon receiving a record of such operator’s or chauffeur’s conviction of any of the following offenses:
(3) Any felony in the commission of which a motor vehicle is used.
Cases With Similar Vibessemantic neighbors from the corpus
Citator
Cited By (17 total)
-
Vinyard v. State, 586 So. 2d 1301 (Fla. 2d DCA 1991)…ction and the factual basis showing the use of a motor vehicle in the commission of the felony to the Department of Highway Safety and Motor Vehicles. It then becomes the Department’s responsibility to revoke the license privilege. Mandile v. State, 547 So. 2d 1062 (Fla. 2d DCA 1989); § 322.26(3), Fla.Stat. (1987). Accordingly, we vacate that por [*1303] tion of the sentence relating to the revocation of the defendant’s license, and remand for further consideration consistent with this opinion. Lastly, the co…
-
Crawford v. State, 651 So. 2d 731 (Fla. 4th DCA 1995)…e’s order being appealed and remand with direction for the trial court to order the department to revoke appellant’s license for two years pursuant to section 322.055. See, e.g., Spera, 556 So. 2d at 487; Travis, 549 So. 2d at 738; Mandile v. State, 547 So. 2d 1062 (Fla. 2d DCA 1989). HERSEY, GLICKSTEIN and POLEN, JJ., concur.…
-
Ferris v. State, 558 So. 2d 179 (Fla. 2d DCA 1990)…d affirm in part. Appellant first challenges that part of his sentence that suspended his driver’s license for four years. Appellant is correct that the trial court had no authority to suspend appellant’s driver’s license. Man [*180] dile v. State, 547 So. 2d 1062 (Fla. 2d DCA 1989). However, both sections 316.027(3) and 322.26(4), Florida Statutes (1987) require that the Department of Safety and Motor Vehicles shall forthwith revoke appellant’s license upon receipt of the record of appellant’s conviction fro…
Previewing 3 of 17 citing cases — full citator treatment, depth of discussion, and citing context are member features.
Join FLexlaw to unlock all legal intelligenceAuthorities Cited
- Moreland v. State, 442 So. 2d 1002 (Fla. 2d DCA 1983)
- Dell E. Barfield and Louis W. Barfield v. Bradshaw, 442 So. 2d 1002 (Fla. 1st DCA 1983)