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 05-43 APANO
UCN522005AP000043XXXXCR
ANTONIO JOSE PINZON
Appellee.
________________________________/
Opinion filed ________________.
Appeal from a decision of the
County Judge William Overton
Hutch Pinder, Esq.
Assistant State Attorney
ORDER AND OPINION
(J. Morris)
THIS MATTER is before the Court on the State’s appeal from a decision of the Pinellas County Court dismissing the charge against the defendant. After reviewing the brief and record --- the appellee did not file an answer brief --- this Court reverses the decision of the trial court.
During
a pre-trial conference, the trial court dismissed the DWLSR charge against the
defendant. At the conference, an unnamed individual identified himself as the
defendant’s brother and presented the trial judge with documents purporting to
show that the defendant had a hardship driver’s license at the time he was
alleged to have been driving. The trial court treated the documents as a motion
to dismiss. The State asked for time to review the documents, but the trial
court dismissed the charge. The State objected to the dismissal, and has filed
this appeal seeking review of the trial court’s decision. The standard of
review in this matter is de novo.
Dismissing
the charge was error. The State was never given notice of the defendant’s
motion and never given an opportunity to review the documents to determine if they
were what the defendant, through his brother, claimed they were. The State was
also never given an opportunity to dispute the factual assertions made by the
defendant. And it appears the State disputes the claim that the defendant had a
hardship license at the time of the incident. This factual dispute should not
have been resolved at pre-trial with a summary procedure that did not provide
the State with an opportunity to review or contest the defendant’s documents. The State was denied due process by this
procedure.
IT IS THEREFORE ORDERED that the order of dismissal is reversed, and this
case 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
Antonio Pinzon
Judge Overton