PAUL THOMPSON, APPELLANT,
v.
STATE OF FLORIDA, APPELLEE
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The court held that the First District Court of Appeal's ruling in Huss v. State, which changed the law regarding predicate convictions for felony DWLS, is not retroactive.
Paul Thompson pleaded guilty to felony DWLS based on prior convictions. He argued that two predicate convictions should not have been used because the…
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PER CURIAM.
Paul Thompson appeals an order denying his Florida Rule of Criminal Procedure 3.850 motion following an evidentiary hearing.1 We affirm.
Thompson pleaded guilty to the felony charge of knowingly driving while his license was suspended or revoked (felony DWLS), a violation of Section 322.34(2)(e), Florida Statutes (Supp.1998). In Thompson’s Rule 3.850 motion, he argued that two of the predicate convictions used to charge him with felony DWLS occurred prior to October 1, 1997. He noted that the First District Court of Appeal had ruled that convictions for DWLS occurring before that date could not be used as predicates for felony DWLS. See Huss v. State, 771 So. 2d 591 (Fla. 1st DCA 2000). Thus, he argued that the court did not have jurisdiction to sentence Thompson in circuit court, as without those predicate offenses his crime was merely a misdemeanor. The trial court denied the motion, holding that the Huss change should not be retroactively applied.
On appeal, Thompson argues that the trial court erred as a matter of law because Huss did not change the law, but merely recognized the state of the law. He is incorrect. Huss represents a change in the law, but the ruling is not retroactive. See Martin v. State, 809 So. 2d 65 n. 2 (Fla. 5th DCA 2002). Secondly, he argues that the trial court was without jurisdiction to enter its judgment. That argument, as Judge Sharp pointed out in Martin, “clearly lacks merit.” See Martin; See also State v. Phillips, 463 So. 2d 1136 (Fla.1985).
AFFIRMED.
THOMPSON, C.J., SAWAYA and PALMER, JJ., concur. . This court has jurisdiction pursuant to Florida Rules of Appellate Procedure 9.030(b)(1)(A) and 9.140(b)(1)(D).
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Thompson v. State, 887 So. 2d 1260 (Fla. 2004)…QUINCE, J. We have for review Thompson v. State, 808 So. 2d 284 (Fla. 5th DCA 2002), based on apparent conflict with the decision in Huss v. State, 771 So. 2d 591 (Fla. 1st DCA 2000). We have jurisdiction. See art. V, § 3(b)(3), Fla. Const. The question presented here is the application of the punishment enhanc…1 / 2
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Comer H. Bryan, III v. State, 862 So. 2d 822 (Fla. 5th DCA 2003)…ion of felony DWLSR because the prior convictions occurred before section 322.34(2)(c) was amended in 1997. We disagree with this argument and affirm based upon our rulings in Martin v. State, 809 So. 2d 65 (Fla. 5th DCA 2002) and Thompson v. State, 808 So. 2d 284 (Fla. 5th DCA), rev. granted, 826 So. 2d 994 (Fla.2002). The retroactivity argument was made to this court and rejected. In Martin, we held that “the holding in Huss is not a retroactive change in the law.” Martin, 809 [*824] So. 2d 65, n. 2. In Tho…
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Comer H. Bryan, III v. State, 905 So. 2d 120 (Fla. 2005)…PER CURIAM. We have for review Bryan v. State, 862 So. 2d 822 (Fla. 5th DCA 2003), which cites to a case that was pending review in this Court. See Thompson v. State, 808 So. 2d 284 (Fla. 5th DCA), review granted, 826 So. 2d 994 (Fla.2002). We have jurisdiction. See art. V, § 3(b)(3), Fla. Const.; Jollie v. State, 405 So. 2d 418 (Fla.1981). Upon review of the State’s response to this Court’s order to show cause dated March 8, 2…
Previewing 3 of 6 citing cases — full citator treatment, depth of discussion, and citing context are member features.
Join FLexlaw to unlock all legal intelligenceAuthorities Cited
- Huss v. State, 771 So. 2d 591 (Fla. 1st DCA 2000)
- State v. Phillips, 463 So. 2d 1136 (Fla. 1985)
- Martin v. State, 809 So. 2d 65 (Fla. 5th DCA 2002)