EVERETT LEE, APPELLANT,
v.
STATE OF FLORIDA, APPELLEE
DEAN, AMY N., Associate Judge.
A review of the transcript does not clearly indicate whether the court ordered appellant’s license to be suspended or merely referred the matter to the clerk for disposition in accordance with standard court procedures. However, in so far as the sentencing documents indicate that the appellant’s license was suspended, we are returning this case to the trial court for correction.
Appellant was convicted of purchase of cannabis pursuant to section 893.13(2)(a), Florida Statutes (1993). This crime is not within the ambit of section 322.055(1), Florida Statutes (1993) regarding the suspension of drivers licenses. See Lite v. State, 617 So. 2d 1058 (Fla.1993).
Accordingly, it is error for appellant’s license to be revoked by the court and reportT ing is not required to the Department of Motor Vehicles pursuant to section 322.055(1).
Therefore, we REVERSE and are REMANDING this matter for correction of the sentencing documents in accordance with this decision.
KLEIN and PARIENTE, JJ., concur.
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Thomas v. State, 686 So. 2d 699 (Fla. 4th DCA 1996)…n are otherwise legally sufficient, our affirmance is without prejudice to appellant’s refiling his motion for post-conviction relief in compliance with the requirements of rule 3.850(c) within thirty days of this court’s mandate. See Goff v. State, 673 So. 2d 990 (Fla. 4th DCA 1996); Reese v. State, 518 So. 2d 473 (Fla. 4th DCA 1988); Morais v. State, 640 So. 2d 1227 (Fla. 2d DCA 1994). STEVENSON and SHAHOOD, JJ., concur.…
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Huesca v. State, 841 So. 2d 585 (Fla. 2d DCA 2003)…The unlawful manufacture of marijuana is not one of the enumerated offenses contained in the statute.1 Therefore, the trial court erred when it ordered the Department of Highway Safety and Motor Vehicles to revoke Huesca’s license. See Lee v. State, 673 So. 2d 990 (Fla. 4th DCA 1996). Finally, Huesca argues that the trial court improperly imposed discretionary costs pursuant to section 939.18(l)(b), Florida Statues (2001). This court previously has held that “the [trial] court is obligated to consider the de…
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Troya v. State, 817 So. 2d 932 (Fla. 4th DCA 2002)…’s unsworn motion for post-conviction relief, but do so without prejudice to Appellant refiling his motion for post-conviction relief in compliance with the requirements of rule 3.850(c) within thirty days of this court’s mandate. See Goff v. State, 673 So. 2d 990 (Fla. 4th DCA 1996); Reese v. State, 518 So. 2d 473 (Fla. 4th DCA 1988); [*933] Morais v. State, 640 So. 2d 1227 (Fla. 2d DCA 1994). GUNTHER, KLEIN and TAYLOR, JJ., concur.…
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- Lite v. State, 617 So. 2d 1058 (Fla. 1993)