5D03-3714 Ronald Grizzard v. State

State: Florida

Court: Florida Fifth District Court

Docket No: 5D03-3714

Case Date: 08/23/2004

Preview:IN THE DISTRICT COURT OF APPEAL OF THE STATE OF FLORIDA FIFTH DISTRICT JULY TERM 2004

RONALD GRIZZARD, Appellant, Case No. 5D03-3714 STATE OF FLORIDA, Appellee. __________________________________________/ Opinion filed August 27, 2004

Appeal from the Circuit Court for Orange County, Thomas B. Smith, Judge. James B. Gibson, Public Defender, and Noel A. Pelella, Assistant Public Defender, Daytona Beach, for Appellant. Charles J. Crist, Jr., Attorney General, Tallahassee, and Rebecca R. McGuigan, Assistant Attorney General, Daytona Beach, for Appellee.

PLEUS, J. The defendant appeals from an order revoking his probation and sentencing him to 30 years imprisonment. The defendant argues that the trial court erred in revoking probation absent sufficient proof that he willfully violated a condition of his probation. The trial court considered the defendant's nolo contendere plea to the charge of driving while license suspended/knowingly as res judicata in the probation revocation

proceeding. We conclude that the court committed legal error when it gave res judicata effect to the nolo plea and conviction entered pursuant thereto and accordingly, reverse. The defendant pled guilty to conspiracy to traffic in cocaine, a first degree felony. The court imposed a 30 year prison term which was suspended in lieu of a five year term of probation. In connection with imposition of the sentence, the defendant's

driver's license was suspended but the sentencing order states: "The Court has no objection to a Business Purposes Only Permit." The defendant obtained a driver's license with a "C" restriction which allowed him to drive to and from his place of employment. Thereafter, the defendant was stopped by a police officer in Hillsborough County. The defendant displayed his Florida driver's license. The officer ran the license on his computer and advised the defendant that his license had been suspended. The defendant informed the officer that while his license had been suspended until 2004, he had been issued a hardship license that says "business purpose only" and that he was driving to work. The officer ran the license again and advised that there was some confusion. The officer did not arrest the

defendant, nor seize his license, but instead issued him a written citation requiring him to appear in Hillsborough County court. The defendant appeared in Hillsborough County court and entered a plea of no contest to the charge of driving while license suspended with knowledge.

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