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FRANKLIN v. STATE

No. 4D01-2985.

816 So.2d 1203 (2002)

Anthony M. FRANKLIN, Appellant, v. STATE of Florida, Appellee.

District Court of Appeal of Florida, Fourth District.

May 22, 2002.

Attorney(s) appearing for the Case

Carey Haughwout, Public Defender, and Gary Caldwell, Assistant Public Defender, West Palm Beach, for appellant.

Robert A. Butterworth, Attorney General, Tallahassee, and Sue-Ellen Kenny, Assistant Attorney General, West Palm Beach, for appellee.

POLEN, C.J.

Arising out of a singular offense, Anthony Franklin was convicted of the dual offenses of (1) driving after his license had been revoked pursuant to Florida Statutes section 322.264 [habitual offender], in violation of section 322.34(5), and (2) driving while his license was suspended, canceled, or revoked, in violation of section 322.34(2), felony level. By their express terms, these offenses are mutually exclusive...

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