5D01-3412 Martin v. State

State: Florida

Court: Florida Fifth District Court

Docket No: 5D01-3412

Case Date: 02/04/2002

Preview:IN THE DISTRICT COURT OF APPEAL OF THE STATE OF FLORIDA FIFTH DISTRICT JANUARY TERM 2002

KENNETH MARTIN, Appellant, v. STATE OF FLORIDA, Appellee. ______________________________/ Opinion filed February 8, 2002 3.850 Appeal from the Circuit Court for Putnam County, A.W. Nichols, III, Judge. Kenneth Martin, Bonifay, pro se. No Appearance for Appellee. SHARP, W., J., Martin appeals from the summary denial of his motion filed pursuant to Florida Rule of Criminal Procedure 3.850. He pled guilty to the felony charge of knowingly driving while license suspended or revoked.1 He was sentenced on October 31, 2000, and did not appeal from the judgment or sentence. Martin claims the trial court lacked jurisdiction to enter its judgment because the case should have been prosecuted as a misdemeanor. This is premised on the fact that the prosecution used his prior convictions for driving with a suspended or revoked license as predicates to reclassify his current offense CASE NO. 5D01-3412

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