KATTIA RODRIGUEZ
v.
STATE OF FLORIDA

Fla. 4th DCA | 2021-07-14
No. 21-0113
Bonavita, J., Conner, C.J., Ciklin, J., Gerber, J.
Florida District Court of Appeal, Fourth District (2021)

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Holding

An erroneous imposition of a driver's license revocation is not a sentence subject to correction through a Rule 3.800 motion.


Headnotes

[1] A driver's license revocation imposed as part of a criminal sentence is not subject to correction through a Rule 3.800 motion, but a defendant may pursue administrative r…

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Key Quotes

“the erroneous imposition of a driver's license revocation is not a 'sentence' subject to correction through a 3.800 motion”

Court's citation to McDaniel v. State, 683 So. 2d 597, 598-99 (Fla. 2d DCA 1996)

Facts & Procedural History

Kattia Rodriguez appealed from a county court decision in Palm Beach County involving driver's license revocation issues.…

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Opinion of the Court
Conner

DISTRICT COURT OF APPEAL OF THE STATE OF FLORIDA

FOURTH DISTRICT

KATTIA RODRIGUEZ, Appellant,

v.

STATE OF FLORIDA, Appellee.

No. 4D21-113

[July 14, 2021]

Appeal from the County Court for the Fifteenth Judicial Circuit, Palm Beach County; August A. Bonavita, Judge; L.T. Case Nos. 50-2019-CT- 010499-AXXX-MB and 50-2020-AP-000048-AXXX-MB.

Carey Haughwout, Public Defender, and Mara C. Herbert, Assistant Public Defender, West Palm Beach, for appellant.

Ashley Moody, Attorney General, Tallahassee, and Rachael Kaiman, Assistant Attorney General, West Palm Beach, for appellee.

PER CURIAM.

Affirmed. See McDaniel v. State, 683 So. 2d 597, 598-99 (Fla. 2d DCA 1996) (holding that the erroneous imposition of a driver’s license revocation is not a “sentence” subject to correction through a 3.800 motion). Our affirmance is without prejudice to the defendant pursuing administrative remedies.

CONNER, C.J., CIKLIN and GERBER, JJ., concur.

* * *

Not final until disposition of timely filed motion for rehearing.


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