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Doyon v. Dep't of Highway Safety and Motor Vehicles4/20/2005
it is an illegal sentence, the court lacks jurisdiction and would violate the Double Jeopardy Clause by resentencing the defendant to an increased sentence."). As the Aultman court said:
"We share in the frustrations of the Department. There is no doubt that the sentencing judge failed to impose the criminal penalty mandated by section 316.193(2)(a)(3) and that the State Attorney's office failed to take any action to have this error corrected. This sentencing error, however, cannot be remedied by allowing the Department to impose a criminal penalty that the legislature has not expressly authorized the Department to impose."
Id. at *3.
Upon remand, the trial court shall enter a declaratory judgment construing petitioner's rights as indicated in this opinion and enjoining DMV to cancel the suspension of his driver's license and to reinstate his driving privileges.
Reversed.
STONEand TAYLOR, JJ.,concur.
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