Florida District Courts of Appeal, 2001

Sapp v. State

Sapp v. State
Florida District Courts of Appeal · Decided October 17, 2001 · Booth, Kahn, Padovano
800 So. 2d 639; 2001 Fla. App. LEXIS 14640; 2001 WL 1231696 (Southern Reporter, Second Series)

Sapp v. State

Opinion of the Court

PER CURIAM.

Appellant challenges his felony conviction. The information alleged that Appellant drove when his license had been suspended or revoked on two prior occasions, in violation of section 322.34(2)(c), Florida Statutes (1999). Appellant claims the information was fundamentally flawed, and therefore the circuit court lacked jurisdiction over his case, citing Hues v. State, 771 So.2d 591 (Fla. 1st DCA 2000). However, unlike the defendant in Huss, Appellant here failed to challenge the information prior to his felony conviction, and accordingly waived any defect. See West v. State, 758 So.2d 1232 (Fla. 4th DCA 2000); Mesa v. State, 632 So.2d 1094 (Fla. 3d DCA 1994).

AFFIRMED.

BOOTH, KAHN and PADOVANO, JJ., CONCUR.

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