Florida District Courts of Appeal, 2004

Sawyer v. State

Sawyer v. State
Florida District Courts of Appeal · Decided March 17, 2004 · Klein, Polen, Taylor
867 So. 2d 642; 2004 Fla. App. LEXIS 3317; 2004 WL 515518 (Southern Reporter, Second Series)

Sawyer v. State

Opinion of the Court

PER CURIAM.

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, 867 So.2d 402, 2004 WL 351467 (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.

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