RE: COUNTY CRIMINAL APPEALS - POST-OPINION PROCEUDRES
For the purpose of uniformity, efficiency and expediency in handling county court criminal matters after appeals have been taken and the opinions entered, it is hereby
1. When the decision of the appeals court is received by the Appeals Division of the Clerk of the Circuit Court for Pinellas County, the Clerk shall immediately forward a Notice of that Court's decision to:
a. The presiding trial court judge or the County Administrative Judge if the presiding judge is no longer a county judge.
b. The defendant and defense counsel.
c. The State Attorney's office.
d. The bondsman, if applicable.
e. The Sheriffís office, if jail time is involved.
f. The probation officer, if probation is involved.
g. Criminal Administration, together with applicable county criminal files.
2. Criminal Administration shall
a. Calendar the case on the next available motion calendar with proper notice to all interested parties for the Courtís Motion to Set Trial Date if a trial is required; or
b. Forward to the presiding trial judge a proposed order which orders the defendant to
i. comply with payment of fines, terms of probation, etc. Copies
shall be provided to the State Attorney, defendant, defense counsel, probation officer, and bondsman; and/or
ii. surrender to the Pinellas County jail for service of jail sentence. The actual date of surrender should be left blank for the Court to set the date. Copies shall be provided to the State Attorney, defendant, defense counsel, probation officer, the bondsman and the Sheriffís office, Inmate Records Division.
3. Failure of compliance by the defendant will be handled as follows:
a. If the defendant fails to report to the jail as court ordered, the jail shall execute an Affidavit of Non-compliance and forward the same to the applicable judge.
b. The Court, upon receipt of an Affidavit of Non-compliance, will take appropriate action on any outstanding bonds and issue a warrant for the defendantís arrest to ensure compliance with the original sentence of the Court.
c. If the defendant fails to report for probation, the probation officer will notify the judge who ordered appearance, for the judge to take appropriate action.
d. If the defendant fails to pay any court-ordered fine, the sentencing judge or his or her judicial assistant shall review the court records for that judgeís appropriate action.
Pinellas County Court Administrative Order 79-4 is hereby rescinded.
DONE AND ORDERED in Chambers at St. Petersburg, Pinellas County, Florida this 7th day of April, 1998.
/s/Susan F. Schaeffer
Susan F. Schaeffer, Chief Judge