STATE OF FLORIDA, APPELLANT,
v.
S.S., APPELLEE
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The court held that a mandatory driver's license suspension must be imposed when a juvenile pleads no contest to certain offenses, even if adjudication is withheld.
[1] A mandatory six-month driver's license suspension is required when a juvenile pleads no contest to an offense enumerated under section 893.13, Florida Statutes, even when…
[2] A premature notice of appeal filed after an oral pronouncement of judgment but before rendition of a written judgment may vest jurisdiction in the appellate court when th…
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Join FLexlaw to unlock all legal intelligenceA juvenile pleaded no contest to possession of marijuana, and the trial court withheld adjudication and placed the juvenile on probation. The State so…
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The State argues that the trial court erred in failing to impose a mandatory six-month driver’s license suspension on S.S., a juvenile. We agree and reverse.
S.S. pleaded no contest in several cases, including one involving possession of marijuana. See § 893.13(6)(b), Fla. Stat. (2007). The trial court withheld adjudication and placed S.S. on probation. The State asked the trial court to impose the mandatory license suspension. See § 322.056(1), Fla. Stat. (2007). The trial court refused to do so, implying that the sanction was not required 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 State filed a premature notice of appeal after the trial court’s oral pronouncement of judgment but before rendition of a written judgment. Florida Rule of Appellate Procedure 9.110(i) allows a premature notice of appeal to vest jurisdiction in the appellate court when a final order is rendered before dismissal of the appeal or when the appellate court, in its discretion, permits rendition of a final order. See also State v. Blaney, 722 So.2d 220, 221-22 (Fla. 5th DCA 1998) (explaining that a notice of appeal filed after oral pronouncement of judgment, but before judgment is reduced to writing and entered, should not be dismissed on ground it is premature; rather, the notice of appeal prematurely filed should exist in a state of limbo until judgment is rendered, at which time the notice matures and vests jurisdiction in the appellate court). In this case, we exercised our discretion and permitted the rendering of the judgment.
Reversed and remanded with instructions to impose the mandatory license suspension.
CASANUEVA and DAVIS, JJ., Concur.
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State v. K.R.G., 12 So. 3d 1269 (Fla. 2d DCA 2009)…itted by K.R.G. on December 7, 2007. The State correctly asserts that the disposition was illegal because the juvenile court refused to comply with the statutory requirements concerning the revocation of K.R.G.’s driver’s license. See State v. S.S., 8 So. 3d 425 (Fla. 2d DCA 2009). The juvenile court did not have discretion to forego the dictates of section 322.056(l)(a)(l), Florida Statutes (2007), which required it to direct the Department of Highway Safety and Motor Vehicles to revoke or to withhold issu…
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Fla. Dep't OF Corr. v. Schwarz, 134 So. 3d 1002 (Fla. 1st DCA 2011)…of the later PERC orders is not in question. Florida Rule of Appellate Procedure 9.110(í) “allows a premature notice of appeal to vest jurisdiction in the appellate court when a final order is rendered before dismissal of the appeal.” State v. S.S., 8 So. 3d 425, 426 (Fla. 2d DCA 2009). See also Thomas v. Suwannee Cnty., 734 So. 2d 492, 497 (Fla. 1st DCA 1999) (“Only if the appeal remains premature when the court decides the question of its jurisdiction is dismissal appropriate.”); Benton v. Moore, 655 So.…
Authorities Cited
- State v. J.V.W., 739 So. 2d 173 (Fla. 2d DCA 1999)
- State v. Blaney, 722 So. 2d 220 (Fla. 5th DCA 1998)
- State v. R.D.H., 779 So. 2d 465 (Fla. 2d DCA 2000)
- State v. C.C.S., 779 So. 2d 465 (Fla. 2d DCA 2000)