JOHN TERRY HOLLIS, APPELLANT,
v.
STATE OF FLORIDA, APPELLEE
JOHN TERRY HOLLIS, APPELLANT,
STATE OF FLORIDA, APPELLEE
702 So. 2d 1373
Florida District Court of Appeal, First District (1997)
Caution
Cited by 6 cases
Opinion of the Court
PER CURIAM.
Affirmed. See Rule 9.315(a), Fla. RApp. P. MINER and WOLF, JJ., and SHIVERS, Senior Judge, concur.
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Fields v. State, 731 So. 2d 753 (Fla. 5th DCA 1999)…ppeal that the lower court erred in refusing to instruct the jury that the state had to prove that the defendant knew that his license was revoked. The defendant relies principally on Chicone v. State, 684 So. 2d 736 (Fla.1996), and Waites v. State, 702 So. 2d 1373 (Fla. 4th DCA 1997). The Waites court, relying on Chi-cone, held that a conviction under section 322.34(3)(a), Florida Statutes, implicitly requires knowledge of the lack of a driver’s license be an element of the offense. Fields urges that Waites i…
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State v. Brown, 734 So. 2d 1187 (Fla. 2d DCA 1999)…of the law.” Id. Knowingly operating a motor vehicle in this state without a license because an individual has never applied for one is likewise a willful act in clear violation of the law. See § 322.03, Fla. Stat. (1997); see also Waites v. State, 702 So. 2d 1373 (Fla. 4th DCA 1997)(knowingly driving without a license is the proscribed conduct; thus, the offense of driving without a license is not committed unless the defendant actually knows). Smith addresses only the criminal act of driving while license…
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Padilla v. State, 753 So. 2d 659 (Fla. 2d DCA 2000)…So. 2d 736, 740 (Fla.1996) (“Although the legislature may punish an act without regard to any particular (specific) intent, the State must still prove general intent, that is, that the defendant intended to do the act prohibited.”); Waites v. State, 702 So. 2d 1373, 1375 (Fla. 4th DCA 1997) (observing that existence of a mens rea is the rule of, rather than the exception to, the principles of Anglo-American jurisprudence; that strict liability crimes are disfavored; in strictly construing criminal statutes, me…