Florida District Courts of Appeal, 2016

Escobar-Mazariegos v. State

Florida District Courts of Appeal · Decided August 31, 2016 · Salter, Shepherd, Wells

199 So. 3d 495; 2016 Fla. App. LEXIS 13170; 2016 WL 4542391 (Southern Reporter, Third Series)

Opinion of the Court

PER CURIAM.

The defendant, Jorge Escobar-Mazarie-gos, appeals his conviction for driving while license revoked as a habitual traffic offender. We reverse the defendant’s conviction based on this Court’s recent opinion in State v. Miller, 193 So.3d 1001 (Fla. 3d DCA 2016). We remand the case to the trial court to reduce the charge against the defendant to the lesser included offense of driving without a valid driver’s license.

In addition, we certify conflict with State v. Bletcher, 763 So.2d 1277 (Fla. 5th DCA 2000), and Newton v. State, 898 So.2d 1133 (Fla. 4th DCA 2005).1

Reversed and remanded; conflict certified.

. Each of the conflict cases relied upon Carroll v. State, 761 So.2d 417 (Fla. 2d DCA 2000). In Burgess v. State, — So.3d -, 41 Fla. L. Weekly D1562, 2016 WL 3607204 (Fla. 2d DCA July 6, 2016), however, the Second District receded en banc from Carroll.

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