County Traffic Court-APPELLATE PROCEDURE – Record – Appellant has failed to demonstrate in the record any error in the trial court's decision.  Cusma v. State, CRC0400140CFAES (Fla. 6th Cir. App.Ct. August 11, 2005).

 

IN THE CIRCUIT COURT OF THE SIXTH JUDICIAL CIRCUIT

OF THE STATE OF FLORIDA, IN AND FOR PASCO COUNTY

APPELLATE DIVISION

 

 

PAUL J. CUSMA,

            Appellant,

v.                                                                                 CASE NO: 04-00140CFAES

 

STATE OF FLORIDA,

            Appellee.

_____________________/

 

Appeal from Pasco County Court

Hearing Officer Steve Trabayko, Esq. 

 

Paul J. Cusma

Pro Se

 

Office of the State Attorney

 

ORDER AND OPINION

 

            Defendant was issued a citation for speeding for driving 73 MPH in a 50 MPH speed zone.  He was found guilty of unlawful speed after a hearing. Appellant has appealed the judgment, raising several issues for this Court to review.  There was no appearance by the State.

            First, Appellant argues that the Officer Hellstrom's credibility is in question, (1) because he read from the back of the citation for most of his testimony and (2) he forgot there was another officer in the vehicle with him when he stopped the Appellant.  Additionally, Appellant argues that the officer that was with Hellstrom,was present in the court room in the preceding hearing.  Although Hellstrom 'retracted' his statement and explained that he was probably training that officer, the hearing officer did not call him (the other officer) as a witness. Appellant argues that this was error.  Appellant also argues that he testified a vehicle in the left lane was passing his vehicle quickly and then proceeded to decelerate rapidly.  He argues that Hellstrom "did not dispute the possibility" and that Hellstrom did not recall if there were any other vehicles on the road at the time.  Finally, Appellant argues that Hellstrom stated that when he pulled Appellant over, appellant was still maintaining a speed of 60mph; Appellant did not agree with this statement.

            This Court has reviewed the pleadings and the record and finds that Appellant has failed to demonstrate in the record any error in the trial court's decision.  Therefore the judgment of the trial court is affirmed. 

            IT IS THEREFORE ORDERED that the judgment is affirmed.

            DONE AND ORDERED in Chambers at New Port Richey, Pasco County, Florida this __ day of  ___________, 2005.

 

                                                                                    ___________________

                                                                                    W. Lowell Bray, Circuit Judge

                                                                                    Primary Appellate Judge

 

                                                                                   

                                                           

                                                                                    __________________

                                                                                    Daniel D. Diskey

                                                                                    Circuit Judge

 

                                                                                    ______________________

                                                                                    Stanley R. Mills

                                                                                    Circuit Judge

 

Copies to:

Paul J. Cusma

Office of the State Attorney

Steve Trabayko, Esq.