STATE OF FLORIDA, APPELLANT,
v.
C.C.S., A MINOR, APPELLEE
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PATTERSON, Chief Judge.
The State appeals from the trial court’s order withholding adjudication of delinquency because the trial court failed to suspend C.C.S.’s driver’s license, contrary to the requirements of section 322.056(1), Florida Statutes (1997). C.C.S. entered a no contest plea to the delinquent act of possession of an alcoholic beverage while under the age of twenty-one, a violation of section 562.111, Florida Statutes (1997), and an enumerated offense under section 322.056(1). The trial court accepted the plea, withheld adjudication, and directed that C.C.S. comply with rules at home, complete community service hours, and comply with his alcohol/substance abuse evaluation for any treatment or counseling.
This court has held that even when the trial court accepts a no contest plea and withholds adjudication, section 322.056(1) mandates that the trial court suspend the juvenile’s driver’s license. See State v. J.V.W., 739 So. 2d 173 (Fla. 2d DCA 1999). Thus, we reverse the trial court’s order and remand for the trial court to suspend C.C.S.’s lipense in accordance with the requirements of section 322.056(1).
Reversed and remanded.
NORTHCUTT and SALCINES, JJ., Concur.
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Citator
Cited By
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State v. S.S., 8 So. 3d 425 (Fla. 2d DCA 2009)…equired when adjudication was withheld. Section 322.056(1) mandates suspension when a no contest plea is entered, adjudication is withheld, and the underlying offense is one enumerated under the statute — as is section 893.13. See State v. C.C.S., 779 So. 2d 465 (Fla. 2d DCA 2000); State v. R.D.H., 779 So. 2d 465 (Fla. 2d DCA 2000); State v. J.V.W., 739 So. 2d 173 (Fla. 2d DCA 1999). S.S. concedes that suspension is mandatory but argues that we should have dismissed the State’s appeal. We disagree. The St…1 / 2
Authorities Cited
- State v. J.V.W., 739 So. 2d 173 (Fla. 2d DCA 1999)