Bryan v. State

Full title: COMER H. BRYAN, III, Appellant, v. STATE OF FLORIDA, Appellee

Court: District Court of Appeal of Florida, Fifth District

Date published: Aug 12, 2005

908 So. 2d 584 (Fla. Dist. Ct. App. 2005)

Opinion

No. 5D02-1383.

August 12, 2005.

Appeal from the Circuit Court for Citrus County, Richard A. Howard, Judge.

James S. Purdy, Public Defender, and Kevin R. Holtz, Assistant Public Defender, Daytona Beach, for Appellant.

Charles J. Crist, Jr., Attorney General, Tallahassee, and Kellie A. Nielan, and Pamela J. Koller, Assistant Attorney Generals, Daytona Beach, for Appellee.

UPON REMAND FROM THE FLORIDA SUPREME COURT

THOMPSON, J.

The Florida Supreme Court quashed our decision in Bryan v. State, 862 So.2d 822 (Fla. 5th DCA 2003), and has remanded the case to this court. Bryan v. State, 905 So.2d 120 (Fla. 2005). The supreme court's rationale for its decision is explained in Thompson v. State, 887 So.2d 1260 (Fla. 2004).

Accordingly, we reverse Bryan's felony conviction and remand with directions to enter judgment and resentence him for misdemeanor driving while license was canceled, suspended, or revoked pursuant to section 322.34(2)(a), Florida Statutes (1999).

REVERSED and REMANDED with directions.

ORFINGER and MONACO, JJ., concur.