RONALD JOHN SPERA, APPELLANT,
v.
STATE OF FLORIDA, APPELLEE
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The court held that the trial court improperly suspended the appellant's driver's license, but the conviction could be forwarded to the Department of Highway Safety and Motor Vehicles for revocation.
Appellant was convicted of grand theft, and the trial court suspended his driver's license for ten years as part of the sentence. A motor vehicle was …
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PER CURIAM.
Appellant was convicted of grand theft. As part of his sentence the trial court suspended the appellant’s driver’s license for ten years. This is not the type of crime for which the trial court is authorized to suspend a driver’s license. However, because a motor vehicle was involved in the felony, the trial court may forward the record of the conviction and the factual basis showing the use of the motor vehicle in the commission of the felony to the Department of Highway Safety and Motor Vehicles.1 Upon receipt of such record, the Department must revoke the license of the operator. See § 322.26(3), Fla.Stat. (1987) and Mandile v. State, 547 So. 2d 1062 (Fla. 2d DCA 1989).
We, therefore, vacate that portion of the appellant’s sentence suspending his driver’s license and remand for further proceedings consistent with this opinion. Otherwise, affirmed.
FRANK, A.C.J., and THREADGILL and PATTERSON, JJ., concur. . In Travis v. State, 549 So. 2d 737 (Fla. 2d DCA 1989), it was stated that the trial court could recommend the revocation of a driver’s license upon commission of a felony in which a motor vehicle is used pursuant to section 322.27(2), Florida Statutes (1987), "upon direction of the court, when the court feels that the seriousness of the offense and the circumstances surrounding the conviction warrant the suspension of the licensee’s driver’s privilege." However, a close reading of that statute discloses that section 322.27(2) applies solely to suspensions for offenses under the Motor Vehicles Statutes.
In contrast, judicial recommendations to the Department of Highway Safety and Motor Vehicles for revocations or suspensions of drivers’ licenses for commission of a felony in which a motor vehicle was used is covered by section 377.-27(l)(a) and section 322.26(3), which do not require a finding of the seriousness of the offense and the circumstances surrounding the conviction.
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Crawford v. State, 651 So. 2d 731 (Fla. 4th DCA 1995)…court with the authority to suspend or revoke the license itself, which is what it did, thereby invading the province of the department. See Travis v. State, 549 So. 2d 737, 738 (Fla. 2d DCA 1989), called into doubt on other grounds, Spera v. State, 556 So. 2d 487 (Fla. 2d DCA 1990). Accordingly, we reverse that part of the trial judge’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.,…
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Nichols v. State, 559 So. 2d 104 (Fla. 2d DCA 1990)…ty to direct the Department of Highway Safety and Motor Vehicles to suspend driving privileges for up to two years as part of the sentence for some crimes, the crimes committed by Nichols are not ones set forth in this statute. See Nowling v. State, 556 So. 2d 487 (Fla. 2d DCA 1990); Spera v. State, 556 So. 2d 487 (Fla. 2d DCA. 1990); Watson v. State, 556 So. 2d 489 (Fla. 2d DCA 1990). The portion of Nichols’ sentence suspending his driving privileges for six years is reversed and remanded for proceedings c…1 / 2
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Ratliff v. State, 586 So. 2d 503 (Fla. 2d DCA 1991)…PER CURIAM. We strike that condition of appellant’s probation which suspended his driver’s license for eight years and remand the matter to the trial court for further proceedings consistent with our opinion in Spera v. State, 556 So. 2d 487 (Fla.2d DCA 1990). DANAHY, A.C.J., and FRANK and PARKER, JJ., concur.…
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Join FLexlaw to unlock all legal intelligenceAuthorities Cited
- Mandile v. State, 547 So. 2d 1062 (Fla. 2d DCA 1989)
- Travis v. State, 549 So. 2d 737 (Fla. 2d DCA 1989)