CHARLES S. STUART, APPELLANT,
v.
STATE OF FLORIDA, APPELLEE
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A trial court lacks the authority to suspend a driver's license; this power rests with the Department of Highway Safety and Motor Vehicles.
Defendant was convicted of second-degree murder and sentenced, including a suspension of his driver's license by the trial court. The defendant appeal…
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SCHEB, Acting Chief Judge.
The defendant, Charles S. Stuart, appeals his conviction and sentence for second-degree murder. We have examined his arguments and find merit in only one. In addition to sentencing him to 12 years’ incarceration and 10 years’ probation, the trial court suspended his driver’s license for the probationary period. We agree that the trial court lacked authority to suspend or revoke the defendant’s license.
As we have previously explained, the correct procedure is for the trial court to forward the record of the conviction 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 is then the Department’s responsibility to revoke the driving license privilege of the convicted. See § 322.26(3), Fla.Stat. (1987); Hughes v. State, 578 So. 2d 50 (Fla. 2d DCA 1991); Mandile v. State, 547 So. 2d 1062 (Fla. 2d DCA 1989).
Accordingly, we affirm the defendant’s conviction and sentence but vacate that portion of his sentence suspending his driver’s license. We remand to the trial court for further proceedings in compliance with section 322.26(3).
LEHAN and HALL, JJ., concur.
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Hope v. State, 588 So. 2d 255 (Fla. 5th DCA 1991)…ER’S LICENSE Section 322.26(3), Florida Statutes, provides that the Department of Highway Safety and Motor Vehicles, not the courts, shall revoke a driver’s license where a motor vehicle is used in the commission of any felony. See Stuart v. State, 579 So. 2d 864 (Fla. 2d DCA 1991); Hughes v. State, 578 So. 2d 50 (Fla. 2d DCA 1991); Mandile v. State, 547 So. 2d 1062 (Fla. 2d DCA 1989). However, sections 322.28(2)(a) and (e) provide that the courts, not the Department, shall revoke a driver’s license for the…
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Dep't of Hwy. Safety & Motor Vehicles v. Brandenburg, 891 So. 2d 1071 (Fla. 5th DCA 2004)…h DCA 1995). . Hudson v. United States, 522 U.S. 93, 118 S.Ct. 488, 139 L.Ed.2d 450 (1997). . Dept. of Highway Safety & Motor Vehicles v. Spells, 502 So. 2d 19 (Fla. 2d DCA 1986); Hughes v. State, 578 So. 2d 50 (Fla. 2d DCA 1991); Stuart v. State, 579 So. 2d 864 (Fla. 2d DCA 1991); Dept. of Highway Safety & Motor Vehicles v. Vogt, 489 So. 2d 1168, 1170 (Fla. 2d DCA 1986).…
Authorities Cited
- Mandile v. State, 547 So. 2d 1062 (Fla. 2d DCA 1989)
- Clark v. State, 578 So. 2d 50 (Fla. 2d DCA 1991)