BRUCE MICHAEL BUSWELL, APPELLANT,
v.
STATE OF FLORIDA, APPELLEE
WHATLEY, Judge.
Bruce Michael Buswell correctly contends, and the State correctly concedes, that the trial court erred in denying his motion to correct sentence in which he asserted that the trial court erred in placing him on drug offender probation as a sanction for his conviction of driving while license suspended. See Jones v. State, 813 So. 2d 22, 25 (Fla.2002) (“Section 948.01(13) [providing for drug offender probation] ... applies only to violations of chapter 893, which defines nonviolent drug crimes.”); State v. Lazo, 761 So. 2d 1244 (Fla. 2d DCA 2000) (“The plain language of section 948.034(2) [the 1997 provision allowing drug offender probation] unambiguously indicates that it applies only to violations of the specific provisions referenced in the statute.... Driving on a suspended or revoked driver’s license is not.”). Accord Ellis v. State, 816 So. 2d 759 (Fla. 4th DCA 2002).
Accordingly, we affirm Buswell’s convictions but we reverse Buswell’s sentence for driving while license suspended and remand for resentencing with directions consistent with this opinion.
STRINGER and KELLY, JJ., Concur.
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Whitmore v. State, 910 So. 2d 308 (Fla. 2d DCA 2005)…her motion is preserved for review. Jackson, 793 So. 2d at 118. [*309] Uttering a forged check and fraudulent use of a credit card are not enumerated offenses subject to drug offender probation. See § 948.034(1), Fla. Stat. (2000); Buswell v. State, 855 So. 2d 687, 688 (Fla. 2d DCA 2003). Therefore, as the State correctly concedes, it was error for the trial court to sentence her to drug offender probation in cases 00-1010 and 00-1635. Accordingly, we reverse and remand for the trial court to enter an order s…
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State v. Demille, 890 So. 2d 454 (Fla. 2d DCA 2004)…count of driving while license suspended in circuit court case number 01-08638. We agree. Driving while license suspended is not an [*456] enumerated offense subject to drug offender probation. See § 948.034(1), Fla. Stat. (2000); Buswell v. State, 855 So. 2d 687, 688 (Fla. 2d DCA 2003); State v. Lazo, 761 So. 2d 1244, 1244-45 (Fla. 2d DCA 2000). Therefore, we reverse DeMille’s sentence of drug offender probation in case number 01-08638 and remand- for resentencing. We note that on remand the trial court may…
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Blackburn v. State, 888 So. 2d 149 (Fla. 5th DCA 2004)…ing on the motion to suppress is unobtainable and in all likelihood cannot be accurately reconstructed, through no fault of the Appellant, the appellant is entitled to withdraw his plea and proceed with a new suppression hearing. See Green v. State, 855 So. 2d 687 (Fla. 2d DCA 2003). REVERSED and REMANDED. SHARP, W., GRIFFIN and MONACO, JJ., concur.…
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Join FLexlaw to unlock all legal intelligenceAuthorities Cited
- Alethia Jones v. State, 813 So. 2d 22 (Fla. 2002)
- Ellis v. State, 816 So. 2d 759 (Fla. 4th DCA 2002)
- State v. Lazo, 761 So. 2d 1244 (Fla. 2d DCA 2000)