JEFFREY PIRTLE AND DANIEL THOLL, APPELLANTS,
v.
THE STATE OF FLORIDA, APPELLEE

Fla. 3d DCA | 1997-11-05
Nos. 97-89, 96-3167
Before SCHWARTZ, C.J., and GERSTEN and SHEVIN, JJ.
700 So. 2d 1258 Florida District Court of Appeal, Third District (1997) Positive Treatment
Cited by 3 cases

Opinion of the Court
PER CURIAM.

PER CURIAM.

Jeffrey Pirtle and Daniel Tholl appeal convictions for felony driving with license suspended pursuant to section 322.34(1), Florida Statutes (1995). We affirm the convictions and adopt the well-reasoned decision in Raulerson v. State, 699 So. 2d 339 (Fla. 5th DCA 1997).

Affirmed.


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Cited By

  • Raulerson v. State, 763 So. 2d 285 (Fla. 2000)
    …ulerson, Gloster, and Keim, the Fifth District, First District, and Fourth District, respectively, discussed and analyzed whether section 322.34(1) is unconstitutional. Each of those district courts, along with the Third District in Pirtle v. State, 700 So. 2d 1258 (Fla. 3d DCA 1997) (adopting Raulerson analysis), and the Second District in State v. Crossno, 713 So. 2d 1093 (Fla. 2d DCA 1998) (adopting Keim analysis), determined that section 322.34(1) is constitutional, but the courts did so on different groun…
    1 / 2
  • State v. Crossno, 713 So. 2d 1093 (Fla. 2d DCA 1998)
    …eit employing different rationales. See State v. Keirn, 23 Fla. L. Weekly D1144, — So. 2d - (Fla. 4th DCA May 6, 1998); State v. Gloster, 703 So. 2d 1174 (Fla. 1st DCA 1997), review granted, — So. 2d (Fla. May 15, 1998)(No. 92,235); Pirtle v. State, 700 So. 2d 1258 (Fla. 3d DCA 1997); Raulerson v. State, 699 So. 2d 339 (Fla. 5th DCA 1997), review granted, 709 So. 2d 537 (Fla.1998). We join in the view espoused by the Fourth District in State v. Keirn and hold that the statute is constitutional. Therefore, we…
  • Alvarez v. State, 742 So. 2d 849 (Fla. 3d DCA 1999)
    …known that he would actually have to serve eight years, he would have opted for trial. The trial court summarily denied the defendant’s motion and this Court reversed, citing State v. Leroux, 689 So. 2d [*850] 235 (Fla.1996). See Alvarez v. State, 700 So. 2d 1258 (Fla. 3d DCA 1997). The case was then remanded to the trial court for a Leroux evidentiary hearing “to determine the merits of [the] defendant’s claim that he relied in good faith upon the erroneous advice of his attorney in entering the plea.” Stat…

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