CURTIS EUGENE CRISEL, SR., APPELLANT,
v.
STATE OF FLORIDA, APPELLEE
PER CURIAM.
The appellant was convicted of several drug offenses, and sentences were orally pronounced. Later during the same day the court ordered the revocation of the appellant’s driver’s license pursuant to section 322.055(1), Florida Statutes (1993). The appellant contends that this was an additional sentence which was impermissibly imposed in violation of the constitutional protection against double jeopardy. We conclude that it is unnecessary to decide whether the section 322.055(1) revocation constituted a sentence for double jeopardy purposes, as it was not shown on the record below that the appellant had actually begun serving the sentence originally pronounced, and double jeopardy concerns are thus not implicated by the later sentencing correction. See Rizzo v. State, 430 So. 2d 488 (Fla.App. 1st DCA), review denied, 440 So. 2d 353 (Fla.1983); see also Williams v. United States, 422 F. 2d 1318 (5th Cir.1970). The appealed order is therefore affirmed.
MINER, ALLEN and LAWRENCE, JJ., concur.
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Curtis v. State, 789 So. 2d 394 (Fla. 4th DCA 2001)…r that appellant had commenced service of his sentence ... Id. at 488-489. We agree with the First District that where the record does not show that a defendant has begun serving his sentence, double jeopardy is not implicated. See Crisel v. State, 677 So. 2d 95 (Fla. 1st DCA 1996). In Crisel, appellant appeared for sentencing for several drug offenses and his sentences were orally pronounced. Later during the same day, the court ordered appellant’s driver’s license revoked. On appeal, the court, relying on…
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Scott v. State, 700 So. 2d 470 (Fla. 1st DCA 1997)…PER CURIAM. AFFIRMED. See White v. State, 689 So. 2d 371 (Fla. 2d DCA 1997), review granted, 696 So. 2d 343 (Fla.1997); Ramirez v. State, 677 So. 2d 95 (Fla. 1st DCA 1996); State v. Davidson, 666 So. 2d 941 (Fla. 2d DCA 1995); Gardner v. State, 661 So. 2d 1274 (Fla. 5th DCA 1995). We certify conflict with State v. Walton, 693 So. 2d 135 (Fla. 4th DCA 1997), review granted, 698 So. 2d 849 (Fla.199…
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- Williams v. United States, 422 F.2d 1318 (5th Cir. 1970)
- Rizzo v. State, 430 So. 2d 488 (Fla. 1st DCA 1983)