...nce were taken from the house. Petitioner was also questioned about his liquor sales and made several statements regarding them. Petitioner was subsequently charged by information with selling an alcoholic beverage without a license, in violation of section
562.06, Florida Statutes (1979), and resisting a law enforcement officer without violence, in violation of section
843.02. Section
562.45(1), the penalty statute covering a violation of section
562.06, classifies a violation of any provision of the Beverage Law, Chapter 562, for which no penalty has been specifically provided as a second-degree misdemeanor unless the offender has previously been convicted of a Beverage Law violation, in which case the violation is a third-degree felony....