NOT FINAL UNTIL TIME EXPIRES FOR REHEARING
AND, IF FILED, DETERMINED
IN THE CIRCUIT COURT OF THE SIXTH JUDICIAL CIRCUIT
OF THE STATE OF
STATE OF
Appellant,
v. Appeal No. CRC 05-3 APANO
UCN522005AP000003XXXXCR
TODD STUART
Appellee.
___________________________/
Opinion filed _______________.
Appeal from a decision of the
County Judge Thomas Freeman
C. Marie King, Esq.
Assistant State Attorney
Holly Hughes, Esq.
Assistant Public Defender
ORDER AND OPINION
(J. Sullivan)
THIS MATTER is before the Court on the State’s appeal of an order of the Pinellas County Court dismissing the case. After reviewing the briefs and record, this Court reverses the decision of the trial court.
The defendant was charged with seven counts of making worthless checks. The State and defendant entered into plea negotiations, with the State believing that a plea in absentia would be filed. On the date of trial, however, the plea had not been filed. In addition, the State had failed to secure the defendant’s presence, as it was required to do because the defendant was in custody. Instead, the State made a motion for continuance, informing the court that it mistakenly believed the defendant was going to enter a plea. Defense counsel objected, admitting that a plea in absentia had been discussed, but claiming the State failed to “get back” with them. The trial court denied the motion to continue and dismissed the charges “for failure of the State to follow up.” The State is appealing the dismissal.
The State claims that the trial court should have granted its motion to continue because there would be no prejudice to the defendant if his trial were rescheduled --- he was in jail at the time on unrelated charges. A review of the transcript of the hearing reveals that the defense did not demonstrate any prejudice to the defendant. Also, the State claims the trial court improperly dismissed the case without considering other less drastic sanctions.
The
case of State v. L.J.T., 31
Similarly, in the case at bar, there was no prejudice to the defendant. As noted above, he was in jail on unrelated charges and apparently there were almost completed negotiations for him to enter a plea to the charges. In addition, the record does not reflect that the trial court considered less drastic sanctions other than dismissal of the charges. Accordingly, pursuant to the holding in L.J.T., the order dismissing the charges is reversed.
IT IS THEREFORE ORDERED that the order dismissing the case is reversed, and this matter is remanded to the trial court for action consistent with this Order and Opinion.
DONE
AND ORDERED in Chambers at
___________________________
David A. Demers
Circuit Judge
___________________________
Robert J. Morris, Jr.
Circuit Judge
____________________________
Irene H. Sullivan
Circuit Judge
cc: State Attorney
Public Defender
Judge Freeman