County Criminal Court: CRIMINAL PROCEDURE – Jurisdiction Pursuant to §910.05, if a crime is believed to have been Committed in either of two counties, venue is proper in either county.  Judgment and sentence affirmed. Naveo v. State, No. CRC 03-83APANO (Fla. 6th Cir. App. Ct. Oct. 19, 2004).

 

 

 

 

IN THE CIRCUIT COURT OF THE SIXTH JUDICIAL CIRCUIT

OF THE STATE OF FLORIDA IN AND FOR PINELLAS COUNTY

 

 

JOLEEN NAVEO

 

            Appellant,

 

v.                                                                                                                                                                   Appeal No. CRC 03-83 APANO

      UCN522003CR00083XXXXCR

STATE OF FLORIDA

           

            Appellee.

_____________________________/

 

 

Opinion filed __________________.

 

Appeal from a judgment and sentence

entered by the Pinellas County Court

County Judge Sonny Im

 

Eilam Isaak, Esq.

Attorney for appellant

 

C. Marie King, Esq.

Assistant State Attorney

 

ORDER AND OPINION

 

            THIS MATTER is before the Court on the defendant’s appeal from a judgment and sentence entered by the Pinellas County Court following a jury trial. After reviewing the briefs and record, this Court affirms the judgment and sentence.

            The defendant was arrested for DUI. She was seen driving without headlights on the Howard Frankland bridge towards Pinellas County. Minutes later, the same trooper saw her heading back across the bridge in the opposite direction towards Hillsborough County, still without her headlights on. The trooper made a traffic stop in Hillsborough County, and the defendant was ultimately charged with DUI. She was convicted of DUI following a jury trial and is appealing that judgment and sentence.

            The defendant raises two issues in this appeal. First, she argues that the trial court erred in sustaining the State’s objection and limiting her cross-examination of the technician who tested the intoxilyzer machine. In support of her argument the defendant relies primarily on portions of the transcript that indicate that the trial court believed it had made an error in ruling on the State’s objection. A complete review of the transcript, however, reveals that the trial court was more concerned with the timeliness of the argument. It appears that the defendant raised, for the first time in her proffer of evidence made after the trial, an alleged discovery violation that related to the State’s objection. The trial court appears to have indicated that the argument may have had some merit and may have resulted in a different decision on the State’s objection, but it was not timely raised at the time the State initially objected. This Court concludes that the trial court properly determined that the issue was untimely raised.

            The second issue raised in this appeal is that venue was not properly established. As pointed out by the State, however, if a crime is believed to have been committed in two counties, venue is proper in either county. See §910.05, Fla.Stat. (2003). Since the defendant is alleged to have been DUI while driving back and forth across the Howard Frankland bridge between Pinellas and Hillsborough counties, venue was proper in either county. The defendant’s argument that there was no showing the crime was committed in Pinellas County is completely without merit.

IT IS THEREFORE ORDERED that the judgment and sentence are affirmed.

            DONE AND ORDERED in Chambers at Clearwater, Pinellas County, Florida this _____ day of October, 2004.

 

 

                                                                                    ________________________

                                                                                                James R. Case

                                                                                                Circuit Judge

 

 

 

 

 

                                                                                    ___________________________

                                                                                                Nancy Moate Ley

                                                                                                Circuit Judge

 

 

 

 

                                                                                    ___________________________

                                                                                                John A. Schaefer

                                                                                                Circuit Judge

 

 

 

cc:   State Attorney

 

        Eilam Isaak, Esq.

 

        Judge Im