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following the First District's decision in Bolware and holding a defendant need not be informed of possibility of license revocation because it is not punishment and therefore not a direct consequence of a plea
Summary of this case from Bolware v. StateOpinion
No. 5D04-676.
December 10, 2004.
3.850 Appeal from the Circuit Court for Citrus County, Richard A. Howard, Judge.
Flem K. Whited, III and David H. Foxman of Whited, Fuller, Miller Foxman, Daytona Beach, for Appellant.
Charles J. Crist, Jr., Attorney General, Tallahassee, and Rebecca Rock McGuigan, Assistant Attorney General, Daytona Beach, for Appellee.
We affirm based on State v. Bolware, 28 FLW D2493, ___ So.2d ___, 2003 WL 22460271 (Fla. 1st DCA Oct. 31, 2003), although we recognize that Bolware and this opinion are in conflict with Daniels v. State, 716 So.2d 827 (Fla. 4th DCA 1998).
Accordingly, we affirm and certify conflict with Daniels. See also Prianti v. State, 819 So.2d 231 (Fla. 4th DCA 2002).
AFFIRMED.
PLEUS and TORPY, JJ, and WALSH, J.D., Associate Judge., concur.