District Court of Appeal of Florida· 1/24/2012
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driving by drivers never issued a license to drive” because the statute only applies to persons whose “license” has been revoked as a habitual traffic offender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 CourtListenerCited by
7 cases in this archive cite this case.
- State of Florida v. Daryl MillerSupreme Court of Florida· 2017-09-28· cited 10×
- Burgess v. StateDistrict Court of Appeal of Florida· 2016-09-02· cited 8×
- State v. MillerDistrict Court of Appeal of Florida· 2016-06-01· cited 7×
- Monroe v. StateDistrict Court of Appeal of Florida· 2014-10-27· cited 7×
- Alphonso Finney v. State of FloridaDistrict Court of Appeal of Florida· 2017-05-19· cited 3×
- SHAWN E. MYERS v. STATE OF FLORIDADistrict Court of Appeal of Florida· 2018-05-16· cited 1×
- Burgess v. StateDistrict Court of Appeal of Florida· 2016-07-06
Cites
15 cases in this archive are cited by this case.
- Anders v. CaliforniaSupreme Court· 1967-05-08· cited 87,848×
- Holly v. AuldSupreme Court of Florida· 1984-05-03· cited 735×
- Perkins v. StateSupreme Court of Florida· 1991-03-14· cited 149×
- Earnest v. StateSupreme Court of Florida· 1977-08-31· cited 61×
- Ferguson v. StateSupreme Court of Florida· 1979-12-06· cited 49×
- Harris v. StateDistrict Court of Appeal of Florida· 1994-07-29· cited 35×
- State v. AiuppaSupreme Court of Florida· 1974-05-01· cited 31×
- Brown v. StateDistrict Court of Appeal of Florida· 2009-05-22· cited 23×
- Rodriguez v. StateDistrict Court of Appeal of Florida· 2007-09-19· cited 21×
- Carroll v. StateDistrict Court of Appeal of Florida· 2000-05-24· cited 18×
- Guilder v. StateDistrict Court of Appeal of Florida· 2005-03-30· cited 15×
- Tinker v. StateDistrict Court of Appeal of Florida· 2001-04-11· cited 12×
- State v. BletcherDistrict Court of Appeal of Florida· 2000-08-18· cited 12×
- Newton v. StateDistrict Court of Appeal of Florida· 2005-03-30· cited 12×
- DMV v. PatrickDistrict Court of Appeal of Florida· 2005-02-04· cited 6×
Sourced from CourtListener / Free Law Project (CC0).
This is legal information, not legal advice. Laws vary by jurisdiction and change frequently. Always verify current law with official sources and consult a licensed attorney in your jurisdiction for advice on your specific situation.