DARRYL ANDRE PARKER, APPELLANT,
v.
STATE OF FLORIDA, APPELLEE

Fla. 1st DCA | 1995-06-12
No. 93-4181
WEBSTER and LAWRENCE, JJ., concur.
655 So. 2d 1308 Florida District Court of Appeal, First District (1995) Positive Treatment
Cited by 2 cases
Opinion of the Court
WOLF, Judge.

WOLF, Judge.

Appellant was convicted by jury of one count of sale of a controlled substance and pled to an additional count of sale of a controlled substance. We affirm the convictions, but must reverse the trial court’s revocation of appellant’s driver’s license as the court did not follow the statutory procedure for revoking the license. See Vinyard v. State, 586 So .2d 1301 (Fla. 2d DCA 1991). The trial judge does not have the authority to revoke the license itself, and thus we vacate that part of the sentence and remand for the trial court to direct the Department of Highway Safety and Motor Vehicles to revoke the license. See also Cmivford v. State, 651 So. 2d 731 (Fla. 4th DCA 1995).

WEBSTER and LAWRENCE, JJ., concur.

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  • Brunson v. State, 31 So. 3d 926 (Fla. 1st DCA 2010)
    …he judgment. Specifically, the written sentence included the following relevant provision: “X the defendant’s Drivers License shall be suspended for 2 years.” A trial court may not direct that a defendant’s license be suspended. See Parker v. State, 655 So. 2d 1308, 1308 (Fla. 1st DCA 1995) (holding, per section 322.055, Florida Statutes, a trial court only has the authority to direct the Department of Highway Safety and Motor Vehicles to suspend a defendant’s license, but may not revoke the license itself); C…
  • Simmons v. State, 767 So. 2d 666 (Fla. 1st DCA 2000)
    …clude that the trial court erred in revoking the defendant’s driver’s license. Section 322.26, Florida Statutes authorizes a license revocation by the Department of Highway Safety and Motor Vehicles, not by the sentencing court. See Parker v. State, 655 So. 2d 1308 (Fla. 1st DCA 1995); Vinyard v. State, 586 So. 2d 1301 (Fla. 2d DCA 1991); Crawford v. State, 651 So. 2d 731 (Fla. 4th DCA 1995); State, Department of Highway Safety and Motor Vehicles v. Bell, 505 So. 2d 472, 474 (Fla. 2d DCA 1987)(holding that the…

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