Joseph Michael Howard v. The State of Florida

Summary

The Third District Court of Appeal of Florida affirmed a County Court judgment involving driving while a license or driving privilege was canceled, suspended, revoked, or under equivalent status. The court cited section 322.34, Florida Statutes (2022), and held that an unpreserved insufficiency-of-the-evidence claim is generally not reviewable unless the evidence was insufficient to show that any crime had been committed.

Holdings

1. A claim that the evidence was insufficient must be properly preserved unless the evidence was insufficient to show that any crime had been committed.
2. The judgment was affirmed under the statutory provisions governing driving while a license or driving privilege is canceled, suspended, revoked, or under equivalent suspension or revocation status, including the provision permitting consideration of other evidence of a knowing violation.

Questions Presented

1. Whether Howard's challenge to the sufficiency of the evidence was properly preserved for appellate review.
2. Whether the evidence was legally sufficient under section 322.34, Florida Statutes (2022), to support the conviction.

Disposition

affirmed