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O'Quinn v. State12/5/2003
O'Quinn is correct that, under Huss, the State could not have utilized his prior convictions for driving while his license was revoked to reclassify the charge as a third-degree felony. In 1997, the legislature amended section 322.34(2)(c) to require a "knowing" element. In Huss v. State, the court concluded that convictions prior to 1997 could not be used to reclassify the charge to a third-degree felony. He contends he would not have entered a plea had he known this charge was a misdemeanor, not a felony. An examination of O'Quinn's driving record establishes that his prior convictions did occur prior to 1997.
Although this Court has never explicitly adopted the holding of Huss, Huss was the controlling law in Florida when O'Quinn pled and was sentenced. See e.g., State v. Craycraft, 817 So. 2d 864, 864-65 (Fla. 1st DCA 2002). Since O'Quinn pled guilty to a felony when the offense could not be classified as a felony, we are bound to conclude that trial counsel was ineffective in failing to be aware of Huss and to counsel his client about it. O'Quinn seeks to be allowed to withdraw his plea because of this error. He is entitled to do so.
AFFIRMED in part, REVERSED in part, and REMANDED. SHARP, W., and PETERSON, JJ., concur.
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