RAULERSON v. STATE

No. 97-710.

699 So.2d 339 (1997)

James RAULERSON, Appellant, v. STATE of Florida, Appellee.

District Court of Appeal of Florida, Fifth District.

September 26, 1997.


Attorney(s) appearing for the Case

James B. Gibson, Public Defender, and Kenneth Witts, Assistant Public Defender, Daytona Beach, for Appellant.

Robert A. Butterworth, Attorney General, Tallahassee, and Mary G. Jolley, Assistant Attorney General, Daytona Beach, for Appellee.


ANTOON, Judge.

James Raulerson (defendant) appeals his judgment and sentence for felony driving while license suspended, claiming that section 322.34(1) of the Florida Statutes (1995) unconstitutionally permits the trial court to determine whether the offense is a misdemeanor or a felony. We affirm.

The defendant was charged with the offense of driving while his license was suspended in violation of section 322.34 of the Florida Statutes (1995). The state...

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