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Crain v. State

Citations

  • 79 So. 3d 118
  • 2012 Fla. App. LEXIS 812
  • 2012 WL 181453

How courts have described this case

Verbatim parenthetical descriptions written by other courts when citing this decision. Ranked by citation-network relevance.

  • concluding that possession of a driver's license was required to support a conviction under section 322.34(5)
  • holding that section 322.34(5) “does not outlaw driving by drivers never issued a license to drive” because the statute only applies to persons whose “license” has been revoked as a habitual traffic offender
  • holding that the statute “refer[s] only to a ‘driver’s license,’ ‘a certificate that ... authorizes an individual to drive a motor vehicle.’” and that “[i]t ‘“is a firmly established rule that ‘[c]ourts must apply a statute as they find it’ ” ’ ” (footnote omitted) (citation omitted
  • reversing a conviction under section 322.34(5) and remanding with instructions to “adjudicate [the defendant] guilty of the lesser included offense of driving without a valid driver’s license”
  • reversing conviction under section 322.34(5) because defendant never had a driver’s license and remanding with instructions to adjudicate defendant guilty of the lesser-included offense of driving without a license, a second-degree misdemeanor
  • finding fundamental error in the defendant’s conviction for driving on a suspended or revoked license where he never had a license at all, and remanding for an adjudication of guilt as to the lesser crime of driving without a valid driver’s license, which was proven

Source: CourtListener parenthetical corpus (CC0).

Judges: Benton, Clark, Marstiller

Read full opinion on CourtListener

Cited by

7 cases in this archive cite this case.

Cites

15 cases in this archive are cited by this case.

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