County Criminal Court: CRIMINAL LAW – Sentencing – DUI statute §322.28(2), which provides for driver’s license suspensions, applied to DUI’s involving bicylcles. Therefore, the defendant who was DUI on a bicycle properly had his driver’s license suspended. – Sentence affirmed. Smith v. State, No. CRC 04-36 APANO (Fla. 6th Cir. App. Ct. Jan. 11, 2005).

 

 

 

IN THE CIRCUIT COURT OF THE SIXTH JUDICIAL CIRCUIT

OF THE STATE OF FLORIDA IN AND FOR PINELLAS COUNTY

 

 

JOSEPH DANIEL SMITH

 

            Appellant,

 

v.                                                                                                                                           Appeal No. CRC 04-36 APANO

UCN522004AP000036XXXXCR

STATE OF FLORIDA

 

            Appellee.

____________________________/

 

Opinion filed __________________.

 

Appeal from a judgment and sentence

entered by the Pinellas County Court

County Judge Thomas Freeman

 

Joy Goodyear, Esq.

Assistant Public Defender

 

Rene Bauer, Esq.

Assistant State Attorney

ORDER AND OPINION

 

            THIS MATTER is before the Court on the defendant’s appeal from a judgment and sentence entered by the Pinellas County Court. After reviewing the briefs and record, this Court affirms the judgment and sentence.

            The defendant claims that the trial court erred in denying his motion to correct the sentence he received following his conviction for DUI. The defendant argues that a portion of his sentence was illegal because it suspended his driver’s license.

            The defendant was convicted of DUI. At the time of the DUI he was riding a bicycle. The statute prohibiting DUI, §316.193, also applies to bicycles. See State v. Howard, 510 So.2d 612 (Fla. 3d DCA 1987). §322.28(2), Fla.Stat. (2004) provides that: “[i]n a prosecution for a violation of s. 316.193 or former s. 316.1931, the following provisions apply: (a) [u]pon conviction of the driver, the court, along with imposing sentence, shall revoke the driver’s license or driving privilege of the person so convicted … .” That is precisely what happened in this case. The court, upon reviewing the defendant’s DUI conviction, revoked the defendant’s driver’s license as part of his sentence. There is nothing illegal about that sentence. Therefore, the trial court was correct in denying the defendant’s motion to correct the allegedly illegal sentence.

            IT IS THEREFORE ORDERED that the judgment and sentence are affirmed.

            DONE AND ORDERED in Chambers at Clearwater, Pinellas County, Florida this _____ day of December, 2004.

                                                                        __________________________

                                                                                    James R. Case

                                                                                    Circuit Judge

 

                                                                        ________________________

                                                                                    Nancy Moate Ley

                                                                                    Circuit Judge

 

                                                                        __________________________

                                                                                    John A. Schaefer

                                                                                    Circuit Judge

cc:   State Attorney

        Public Defender

       Judge Freeman