5D05-2010 Leonardo Marrerov. State

State: Florida

Court: Florida Fifth District Court

Docket No: 5D05-2010

Case Date: 02/13/2006

Preview:IN THE DISTRICT COURT OF APPEAL OF THE STATE OF FLORIDA FIFTH DISTRICT JANUARY TERM 2006

LEONARDO MARRERO, Appellant, v. STATE OF FLORIDA, Appellee. ________________________________/ Opinion filed February 17, 2006 Appeal from the Circuit Court for Seminole County, O. H. Eaton, Jr., Judge. James S. Purdy, Public Defender, and Marvin F. Clegg, Assistant Public Defender, Daytona Beach, for Appellant. Charles J. Crist, Jr., Attorney General, Tallahassee, and Rebecca Rock McGuigan, Assistant Attorney General, Daytona Beach, for Appellee. Case No. 5D05-2010

ORFINGER, J. After reserving the right to appeal the trial court's denial of his motion to dismiss filed pursuant to Florida Rule of Criminal Procedure 3.190(c)(4), Leonardo Marrero pled no contest to felony driving while license suspended as a habitual offender in violation of section 322.34(5), Florida Statutes (2004). Marrero admits that his driver's license was suspended as a habitual offender. However, Marrero contends that he was not

required to have a license to operate the front-end loader he was driving when he was pulled over by a Florida Highway Patrol officer. We affirm. In the court below, the State admitted each allegation contained in Marrero's amended motion to dismiss, which alleged, in pertinent part: 2. The Defendant is charged with Driving While License Canceled, Suspended or Revoked (Habitual Offender). 3. On March 12, 2004, Leonardo Marrero was driving a yellow John Deere Front Loader on Fernwood Boulevard, Casselberry, Florida. The Front Loader that Mr. Marrero was operating had no "slow moving" sign (as required by law), and Mr. Marrero was not driving in a designated construction site. Trooper M.F. Medei of the Florida Highway Patrol . . . observed Leonardo Marrero north [of] an old K-Mart Lot and turning east on Fernwood Boulevard. The trooper motioned Leonardo Marrero into Old Fern Park Station at the lot on the south side of the highway. 4. Trooper Medei ran a driver's license computer check [which] revealed Leonardo Marrero's driver's license was suspended. 5. Trooper Medei arrested Leonardo Marrero for driving while license suspended. Marrero acknowledges that driver's licenses are generally required to drive any motor vehicle upon a highway in this state.

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