Opinion
Case No. 4D01-2141.
Opinion filed March 17, 2004.
Appeal from the Circuit Court for the Nineteenth Judicial Circuit, Indian River County, Larry Schack, Judge, L.T. Case No. 00-1002-CF.
John J. Anastasio, Port St. Lucie, for appellant.
Charles J. Crist, Jr., Attorney General, and Joseph A. Tringali, Assistant Attorney General, West Palm Beach, for appellee., for appellee.
Appellant was convicted of driving after his license had been permanently revoked, a violation of section 322.341, Florida Statutes (2000). We affirmed his conviction in Sawyer v. State, 819 So.2d 966 (Fla. 4th DCA 2002); however, that decision has now been reversed and remanded for reconsideration. Sawyer v. State, No. SC02-1672 (Fla. Feb. 26, 2004). We therefore reverse appellant's conviction. If the jury was instructed on lesser offenses in this case, appellant may be retried on such offenses. State v. Wilson, 680 So.2d 411 (Fla. 1996).
POLEN, KLEIN and TAYLOR, JJ., concur.
NOT FINAL UNTIL DISPOSITION OF ANY TIMELY FILED MOTION FOR REHEARING.