State v. Sampson

Full title: STATE OF FLORIDA, APPELLANT, v. MONTERIO D. SAMPSON, APPELLEE

Court: District Court of Appeal of Florida, Second District

Date published: Oct 19, 1994

644 So. 2d 578 (Fla. Dist. Ct. App. 1994)

Opinion

No. 94-00985.

October 19, 1994.

Appeal from the Circuit Court for Pinellas County; Karl B. Grube, Acting Circuit Judge.

Robert A. Butterworth, Atty. Gen., Tallahassee, and Erica M. Raffel, Asst. Atty. Gen., Tampa, for appellant.

Jeffrey M. Collins, Jackson Collins, P.A., Tampa, for appellee.

PER CURIAM.

The state charged Mr. Sampson with negligently causing the death of another human being while driving with a suspended license. The trial court dismissed this charge pursuant to State v. Smith, 624 So.2d 355 (Fla. 2d DCA 1993), which held section 322.34(3), Florida Statutes (1991), unconstitutional. Thereafter, in State v. Smith, 638 So.2d 509 (Fla. 1994), the supreme court reversed this court's opinion in Smith and held section 322.34(3) constitutional. Thus, we reverse the trial court's order dismissing the charge.

Reversed and remanded for further proceedings.

CAMPBELL, A.C.J., and ALTENBERND and QUINCE, JJ., concur.