STATE OF FLORIDA
v.
NELSON MIRANDA
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A trial court must impose the mandatory ten-day jail sentence required by Florida Statutes section 322.34(2)(b)2 for a fourth driving while license suspended conviction, but when a defendant's plea was predicated on the trial court's promised sentence, the defendant must be permitted to withdraw the plea.
[1] A trial court must impose the mandatory minimum ten-day jail sentence required by Florida Statutes section 322.34(2)(b)2 for a fourth driving while license suspended conv…
[2] When a defendant's guilty plea was entered in reliance upon a trial court's promised sentence, the defendant must be permitted to withdraw the plea before remand for rese…
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Join FLexlaw to unlock all legal intelligence“the statute is clear and unambiguous, requiring a minimum sentence of ten days in jail”
Court's statement of the mandatory nature of the sentencing requirement under section 322.34(2)(b)2
Nelson Miranda was convicted of his fourth driving while license suspended (DWLS) offense. The trial court failed to impose the mandatory ten-day jail…
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The State appeals the sentence imposed by the trial court on appellee for his fourth driving while license suspended conviction (“DWLS”). It contends that the trial court failed to impose the mandatory ten-day jail sentence required under section 322.34(2)(b)2., Florida Statutes (2020). For the reasons stated in State v. Moss, No. 4D21-347 (Fla. 4th DCA Sept. 15, 2021) (issued this same date), we reverse, as the statute is clear and unambiguous, requiring a minimum sentence of ten days in jail. Contrary to the trial court’s statement, the application of the statute to this conviction is not an ex post facto violation. As in Moss, however, because appellee’s plea was based upon the trial court’s promised sentence, the trial court must first allow appellee to withdraw his plea. See Goins v. State, 672 So. 2d 30, 32 (Fla. 1996).
Reversed and remanded for further proceedings in accordance with this opinion.
CONNER, C.J., WARNER and GROSS, JJ., concur. * * * Not final until disposition of timely filed motion for rehearing.