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Phelps v. State

District Court of Appeal of Florida, Second District
Feb 2, 1990
555 So. 2d 1329 (Fla. Dist. Ct. App. 1990)

Opinion

No. 89-01002.

February 2, 1990.

Appeal from the Circuit Court for Charlotte County; Elmer O. Friday, Judge.

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 was convicted of grand theft. As a part of his sentence the trial court suspended his driver's license for thirty-six months. There is no indication that a motor vehicle was involved in the crime.

As the parties agree, this is not a case where the trial court is authorized to suspend a license or in which the Department of Highway Safety and Motor Vehicles must revoke the license upon receiving the record of the conviction. See Mandile v. State, 547 So.2d 1062 (Fla. 2d DCA 1989).

Accordingly, we vacate that portion of the appellant's sentence suspending his driver's license. Otherwise, we affirm.

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


Summaries of

Phelps v. State

District Court of Appeal of Florida, Second District
Feb 2, 1990
555 So. 2d 1329 (Fla. Dist. Ct. App. 1990)
Case details for

Phelps v. State

Case Details

Full title:RICHARD MELTON PHELPS, JR., APPELLANT, v. STATE OF FLORIDA, APPELLEE

Court:District Court of Appeal of Florida, Second District

Date published: Feb 2, 1990

Citations

555 So. 2d 1329 (Fla. Dist. Ct. App. 1990)