Florida District Courts of Appeal, 1990

Phelps v. State

Phelps v. State
Florida District Courts of Appeal · Decided February 2, 1990 · Frank, Patterson, Threadgill
555 So. 2d 1329; 1990 Fla. App. LEXIS 573; 1990 WL 7531 (Southern Reporter, Second Series)

Phelps v. State

Opinion of the Court

PER CURIAM.

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).

*1330Accordingly, 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.

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