Supreme Court of Florida

Pedro Gil v. State of Florida

July 11, 201338 Fla. L. Weekly Supp. 581

Summary

The court quashed the district court's decision and held that Gil could not be prosecuted under both the driving-with-a-suspended-license and habitual-traffic-offender provisions. The provisions are mutually exclusive by their plain language, and they constitute degrees of the same offense, making the later prosecution constitutionally and statutorily barred by double jeopardy.