DWAYNE LEE NEWTON, APPELLANT,

v.

STATE OF FLORIDA, APPELLEE

Citator

Cited By

• State v. Miller, 227 So. 3d 562 (Fla. 2017)
  …trict Court of Appeal in State v. Miller, 193 So. 3d 1001 (Fla. 3d DCA 2016), which certified conflict with decisions of the Second, Fourth, and Fifth District Courts of Appeal in Carroll v. State, 761 So. 2d 417 (Fla. 2d DCA 2000); Newton v. State, 898 So. 2d 1133 (Fla. 4th DCA 2005); and State v. Bletcher, 763 So. 2d 1277 (Fla. 6th DCA 2000). We have jurisdiction. See art. V, § 3(b)(4), Fla. Const. For the reasons that follow, we approve the Third District’s decision below and disapprove the conflict cases t…
• State v. Miller, 193 So. 3d 1001 (Fla. 3d DCA 2016)
  …he decisions of those courts on this issue. See Carroll v. State, 761 So. 2d 417 (Fla. 2d DCA 2000) (holding that a person may be convicted of violating section 322.34(5) without ever having been issued a driver’s license); see also Newton v. State, 898 So. 2d 1133, 1134 (Fla. 4th DCA 2005) (affirming a section 322.34(5) conviction, citing Carroll); State v. Bletcher, 763 So. 2d 1277, 1278 (Fla. 5th DCA 2000) (citing Carroll to support reversal of an order dismissing a sectio322.34(5) charge). Affirmed; confl…
• Crain v. State, 79 So. 3d 118 (Fla. 1st DCA 2012)
  …iver's license (driving privilege) had been revoked or suspended.” Id. See State v. Bletcher, 763 So. 2d 1277, 1278 (Fla. 5th DCA 2000) (reversing trial court’s dismissal of charge under section 322.34(5), citing Carroll)', see also Newton v. State, 898 So. 2d 1133 (Fla. 4th DCA 2005) (per curiam affir-mance citing Carroll and Bletcher). . For example, section 322.271(l)(b), Florida Statutes (2009), which is referenced in section 322.27(5), provides that a “person whose driving privilege has been revoked unde…

Authorities Cited

• Carroll v. State, 761 So. 2d 417 (Fla. 2d DCA 2000)
• State v. Leander Bletcher, 763 So. 2d 1277 (Fla. 5th DCA 2000)