JEFF RUISE, APPELLANT,
v.
STATE OF FLORIDA, APPELLEE

Fla. 1st DCA | 1989-11-08
No. 89-207
SHIVERS, C.J., and WENTWORTH, J., concur.
552 So. 2d 270 Florida District Court of Appeal, First District (1989) Positive Treatment
Cited by 4 cases
Topics
Drug Offenses Correction Of Sentence Probation Conditions

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Opinion of the Court
WIGGINTON, Judge.

WIGGINTON, Judge.

Appellant pled nolo contendere to possession of cocaine in violation of Sections 893.03(2)(a)4 and 893.13(1)(e), Florida Statutes, and was placed on three years probation. He challenges the condition of his probation suspending his driving privileges for one year arguing that the condition was unreasonable and unrelated to the offense. To the contrary, Section 322.-055(1), Florida Statutes (1987), provides that the sentencing court may direct the Department of Highway Safety and Motor Vehicles to revoke for a period of up to two years the driver’s license or driving privilege of any person adjudicated guilty or delinquent of any violation of Chapter 893 involving a substance listed in sections 893.03(1) or (2). However, since under the statute the trial court was itself without the authority to actually suspend appellant’s driver’s license, we remand for correction of the sentence to reflect that the Department is directed to revoke appellant’s driving privileges for a period of one year. Compare Callahan v. State, 550 So. 2d 79 (Fla. 2d DCA 1989).

SHIVERS, C.J., and WENTWORTH, J., concur.

Cases With Similar Vibessemantic neighbors from the corpus

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Cited By

  • Blair v. State, 554 So. 2d 1226 (Fla. 2d DCA 1990)
    …to two years a driver’s license of a person adjudged guilty of possession of cocaine. The trial court itself, however, is without authority to suspend appellant’s driver’s license and should have directed the Department to do so. See Ruise v. State, 552 So. 2d 270 (Fla. 1st DCA 1989). Further, the three-year revocation exceeded the statutory two-year limit. The trial judge may order as a condition of probation that appellant not drive a motor vehicle during the term of probation [three years], see Moreland…
  • Martin v. State, 618 So. 2d 737 (Fla. 1st DCA 1993)
    …r Vehicles to revoke the driving privileges, for a period of two years, of any person convicted of possession or sale of a controlled substance. Such revocation of the driving privilege may be imposed as a condition of probation. See Ruise v. State, 552 So. 2d 270 (Fla. 1st DCA 1989); Callahan v. State, 550 So. 2d 79 (Fla. 2d DCA 1989). Accordingly, we remand the appealed probation order, with directions to strike condition thirteen, purporting to assess $500.00 as additional costs associated with appellant’…

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