Arrestable Offenses / Crimes under Fla. Stat. 322.212
S322.212 5 - FRAUD-IMPERSON - RENUMBERED. SEE REC # 9506 - M: S
S322.212 5 - FRAUD-IMPERSON - RENUMBERED. SEE REC # 9505 - F: T
S322.212 5 - FRAUD-FALSE STATEMENT - RENUMBERED. SEE REC # 9507 - F: T
S322.212 5a - FRAUD-IMPERSON - USE FALSE FICTITIOUS NAME ON DL ID APPLICATION - F: T
CopyCited 16 times | Published | Florida 5th District Court of Appeal
...Appellant pled nolo contendere to that misdemeanor charge in the county court and was adjudicated guilty and sentenced to ten days in jail. Thereafter, based on the same event upon which the misdemeanor charge was based, the State filed an information in the circuit court charging appellant with the felony violation of section 322.212, Florida Statutes (1979), by knowingly having in his possession a blank, forged, stolen, fictitious, counterfeit or unlawfully issued operator's license....
...eopardy of conviction and punishment for an offense which could have been established by proof that petitioner displayed or possessed a fictitious operator's license. Therefore he cannot again be placed in jeopardy of conviction for an offense under section
322.212, Florida Statutes for knowingly [7] having in his possession a fictitious operator's license. Accordingly, because a single set of facts, i.e., the knowing possession of a fictitious operator's license, is sufficient to violate both section
322.32 and section
322.212, Florida Statutes, a person once put in jeopardy of a violation of either statutory offense cannot also be placed in jeopardy of conviction or punishment for the other statutory offense based on the same factual event. Therefore, appellant's conviction and sentence for violation of section
322.212, Florida Statutes, is REVERSED....
CopyCited 13 times | Published | Florida 2nd District Court of Appeal | 2001 WL 1471739
...Butterworth, Attorney General, Tallahassee, and Richard M. Fishkin, Assistant Attorney General, Tampa, for Appellee. ALTENBERND, Acting Chief Judge. Juan Fajardo, Geovany Campos, and Jose Valencia each appeal a judgment convicting them of violating section 322.212(1)(c), Florida Statutes (1999), for possessing an altered Immigration and Naturalization Services (INS) card or "green card." Because these cases address the same issue, we have consolidated these cases solely for the purpose of this opinion. Each defendant argues that section 322.212(1)(c) does not apply to INS cards, or in the alternative, if it does apply, that the statute is unconstitutionally vague....
...The officer determined that the INS card was altered or fake. As an example, the INS card that Mr. Valencia possessed was placed in the record. The card bears Mr. Valencia's correct name, but the identification number on the card is invalid and the picture was apparently cut out, replaced, and re-laminated. Section 322.212 provides, in pertinent part: 322.212 Unauthorized possession of, and other unlawful acts in relation to, driver's license or identification card. (1) It is unlawful for any person: ....
...The majority of cases considering whether a statute is unconstitutional for vagueness address specific terms within the statute that are unclear. See, e.g., Brown,
629 So.2d 841; State v. Mitro,
700 So.2d 643 (Fla.1997). We find no ambiguous terms in section
322.212(1)(c), nor do we find a plain reading of it difficult or unclear....
CopyCited 12 times | Published | Florida 2nd District Court of Appeal | 2005 WL 1249199
...r Appellant. Charles J. Crist, Jr., Attorney General, Tallahassee, and Deborah Fraim Hogge, Assistant Attorney General, Tampa, for Appellee. SILBERMAN, Judge. Mario Bautista was charged with possession of a fraudulent identification card pursuant to section 322.212, Florida Statutes (2002)....
CopyCited 10 times | Published | Florida 4th District Court of Appeal | 1991 WL 205853
...Petitioner has filed a petition for writ of habeas corpus, contending that he is being illegally detained on probation and that the trial court lacks jurisdiction to proceed with a violation of probation hearing. Petitioner pled guilty to a second degree misdemeanor punishable by a maximum of 60 days in jail. See § 322.212(6), Fla....
CopyCited 9 times | Published | Florida 5th District Court of Appeal | 1993 WL 242586
...Additionally, we affirm condition 7 of the order requiring appellant to work diligently to the best of his ability but reverse condition 16 requiring appellant to maintain full-time and part-time employment. AFFIRMED in part; MODIFIED in part; REVERSED in part. GRIFFIN and THOMPSON, JJ., concur. NOTES [1] § 322.212(1), Fla. Stat. (1987). [2] § 322.212(5), Fla....
CopyCited 9 times | Published | Florida 2nd District Court of Appeal | 1988 WL 137194
...'s license but contained a misspelled city of residence. Deputies, after a computer check, determined that a Texas driver's license with the same number was registered to a woman. Possession of a fictitious driver's license is a third-degree felony. § 322.212, Fla....
CopyCited 8 times | Published | Florida 3rd District Court of Appeal
...Gen., and Joel D. Rosenblatt, Asst. Atty. Gen., for appellee. Before PEARSON, HENDRY and HAVERFIELD, JJ. PER CURIAM. Defendant-appellant was informed against for unlawful possession of blank, stolen, or counterfeit driver's licenses [in violation of Fla. Stat. § 322.212(1), F.S.A.], was tried non-jury, found guilty and sentenced to six months in the Dade County Jail, plus a one (1) year period of probation thereafter....
CopyCited 7 times | Published | Florida 2nd District Court of Appeal | 2000 WL 898242
...Robert A. Butterworth, Attorney General, Tallahassee, and Timothy A. Freeland, Assistant Attorney General, Tampa, for Appellee. SALCINES, Judge. Clifford Wallace appeals his conviction for the unlawful sale of an identification card in violation of section 322.212(2), Florida Statutes (1999)....
...da Department of Highway Safety and Motor Vehicles or its agents or any identification card issued by any state or jurisdiction that issues identification cards recognized in this state for the purpose of indicating a person's true name and age. See § 322.212(1), Fla....
CopyCited 7 times | Published | District Court of Appeal of Florida
...Gen., for appellee. *736 Before BARKDULL, HENDRY and SWANN, JJ. SWANN, Judge. The defendant below, Mortimer Norman Koran, was charged by information in Dade County, Florida, with the unlawful possession of counterfeit driver's licenses in violation of Fla. Stat. § 322.212(1), F.S.A....
CopyCited 5 times | Published | Florida 1st District Court of Appeal | 1995 WL 93822
...Ozbourn had three Florida identification cards and an Illinois driver's license, each with a different name and date of birth, when she was arrested on November 6, 1992. By information filed on December 17, 1992, she was charged with unauthorized possession of a fictitious driver's license "in violation of Section
322.212, Florida Statutes," and resisting arrest without violence "in violation of Section
843.02, Florida Statutes." On January 14, 1993, the State filed a motion for a mental examination to determine Ms....
CopyCited 5 times | Published | Florida 2nd District Court of Appeal | 11 Fla. L. Weekly 980, 1986 Fla. App. LEXIS 7464
...mpassed within section
319.33(4). Also, we do not conclude that the Camaro was an instrumentality in the commission of the crime of fraudulently obtaining either an automobile title certificate under section
319.33(1)(e), or a driver's license under section
322.212(5), Florida Statutes (1985)....
...clearly said so. See Cabrera; Coleman. No other felony appears to have been committed incident to the fraudulent driver's license through the Camaro as an instrumentality. Although possession of a fraudulently obtained driver's license is a felony, section 322.212(1), Florida Statutes (1985), it is not shown that the Camaro was an instrumentality of that possession....
CopyCited 4 times | Published | Florida 5th District Court of Appeal | 2006 WL 247888
...authority. Instead, the testimony presented at the hearing on the motion to suppress indicated that Middleton simply asked Gonzalez for her identification and she gave it to him. REVERSED and REMANDED. THOMPSON and LAWSON, JJ., concur. NOTES [1] See § 322.212, Fla....
CopyCited 2 times | Published | Florida 2nd District Court of Appeal | 2007 WL 2963742
...We conclude that the trial court erred in finding that Pupo-Diaz violated his probation. Accordingly, we reverse. The trial court revoked Pupo-Diaz's probation on its finding that he had committed the criminal offense of knowingly providing false information to obtain a commercial *1011 driver's license, in violation of section 322.212(5), Florida Statutes (2005)....
...The issue presented in this appeal is whether the evidence presented at the violation of probation hearing was sufficient to prove that Pupo-Diaz either had committed a criminal offense or had engaged in conduct that violated the terms of his probation. To prove a violation of section 322.212(5), the State must show that the probationer knowingly made a false statement or concealed a material fact in making an application for a driver's license....
CopyCited 2 times | Published | Florida 5th District Court of Appeal | 1991 WL 16312
...Gen., Tallahassee, and Anthony J. Golden, Asst. Atty. Gen., Daytona Beach, for appellee. COWART, Judge. The defendant was charged with, convicted and sentenced, in the circuit court, for the offense of giving a false age in an application for a driver's license, a violation of section
322.212(5), Florida Statutes, a misdemeanor of the second degree under section
322.212(6), Florida Statutes, punishable under section
775.082, Florida Statutes, to a maximum sentence of 60 days in jail. For this offense he was convicted for a third degree felony and sentenced to 180 days in the county jail with credit for 60 days time served. Under section
322.212(6), Florida Statutes, all false statements in applications for driver licenses are felonies of the third degree except the giving of a false age which is a misdemeanor of the second degree. While the original information generally alleged all four alternative methods of violating section
322.212(5), Florida Statutes, the specification stated only that the defendant misrepresented his age. Therefore under the particular allegation and the provisions of section
322.212(6), Florida Statutes, the original charge alleged a second degree misdemeanor and the defendant was erroneously convicted and sentenced for a third degree felony....
...Furthermore, under section
26.012(2)(d), Florida Statutes, the circuit court did not have jurisdiction over the second degree misdemeanor because it did not arise out of the same circumstances as a felony which was also charged. [1] The defendant's conviction of a violation of section
322.212(5), Florida Statutes, based on giving a false age in his application for a driver's license, was illegal and void and his conviction is hereby REVERSED....
CopyCited 2 times | Published | Florida 5th District Court of Appeal | 2005 WL 856924
..., even after Mr. Oliver failed to appear at the earlier proceeding. The trial court under the circumstances of this case was, therefore, at liberty to impose any lawful sentence. It did just that. AFFIRMED. PETERSON and TORPY, JJ., concur. NOTES [1] § 322.212(1)(a), Fla....
CopyCited 1 times | Published | District Court of Appeal of Florida
2003). In Koczwara, this court considered section
322.212(1)(a), Florida Statutes
CopyCited 1 times | Published | Florida 4th District Court of Appeal | 1999 WL 1191480
...tive election. Engel, however, is distinguishable in that the defendant in that case tried to use the procedure to dispose of a driver's license fraud violation. Engel was arrested and charged with driver's license fraud, a third degree felony under section 322.212(5), Florida Statutes....
CopyPublished | District Court of Appeal of Florida | 1982 Fla. App. LEXIS 19997
for unlawful possession of a driver’s license. § 322.-212(1), Fla.Stat. (1979). He then searched the car
CopyPublished | Florida 2nd District Court of Appeal | 2010 Fla. App. LEXIS 3899, 2010 WL 1135994
...James Lynn a/k/a James Donofrio appeals the denial of his "Motion to Accredit Jail Time." The postconviction court addressed the motion under Florida Rule of Criminal Procedure 3.800. Mr. Lynn was arrested on October 2, 2007, for false application of a driver's license, a third-degree felony. See § 322.212(5)(a), Fla....
CopyS.C. v. State (Fla. Dist. Ct. App. 2017).
Published | District Court of Appeal of Florida
license, in violation of Florida Statutes section
322.212(1)(a), and ordered to serve probation.1 S.C
CopyPublished | District Court of Appeal of Florida | 12 Fla. L. Weekly 382, 1987 Fla. App. LEXIS 11883
unlawfully issued driver’s license contrary to section
322.212(1), Florida Statutes (1985). The trial court
CopyPublished | Florida 5th District Court of Appeal
Crist was charged with violation of section
322.212(5)(c), Florida Statutes, and attempted tampering
CopyPublished | District Court of Appeal of Florida | 12 Fla. L. Weekly 645, 1987 Fla. App. LEXIS 7019
possession of a driver’s license in violation of section
322.212, Florida Statutes (1983). He was adjudicated
CopyPublished | Florida 5th District Court of Appeal
is “not displayed” or has “been altered.” Id. §
322.212(5)(c). Crist stands convicted of violating this
CopyPublished | District Court of Appeal of Florida
driver’s license.” This is a felony under section
322.212, Fla. Stat. (2016). While the State amended
