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Neil v. State

District Court of Appeal of Florida, Second District
Feb 2, 1990
556 So. 2d 486 (Fla. Dist. Ct. App. 1990)

Opinion

No. 89-00624.

February 2, 1990.

Appeal from the Circuit Court, Charlotte County, Elmer O. Friday, J.

James Marion Moorman, Public Defender, and Andrea Steffen, Asst. Public Defender, Bartow, for appellant.

Robert A. Butterworth, Atty. Gen., Tallahassee, and Peggy A. Quince, Asst. Atty. Gen., Tampa, for appellee.


The appellant pleaded guilty to possession of cocaine. Upon revocation of his probation for this offense, the trial court suspended his driver's license for eight years as part of his sentence.

As was stated in Blair v. State, 554 So.2d 1226 (Fla. 2d DCA 1989), section 322.055(1), Florida Statutes (1987), authorized the sentencing court to direct the Department of Highway Safety and Motor Vehicles to revoke a driver's license for a period of up to two years if a person is adjudicated guilty of possessing cocaine. The trial court itself, however, is without authority to suspend the license and should have directed the department to do so.

Accordingly, we remand this case for correction of the sentence to reflect that the Department of Highway Safety and Motor Vehicles is directed to revoke the appellant's driver's license for a period of two years. Otherwise, we affirm.

FRANK, A.C.J., and THREADGILL and PATTERSON, JJ., concur.


Summaries of

Neil v. State

District Court of Appeal of Florida, Second District
Feb 2, 1990
556 So. 2d 486 (Fla. Dist. Ct. App. 1990)
Case details for

Neil v. State

Case Details

Full title:PAUL R. NEIL, APPELLANT, v. STATE OF FLORIDA, APPELLEE

Court:District Court of Appeal of Florida, Second District

Date published: Feb 2, 1990

Citations

556 So. 2d 486 (Fla. Dist. Ct. App. 1990)

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