County Criminal Court: APPELLATE PROCEDURE – Record – Judgment and sentence are presumed correct unless the appellate court is provided with a record sufficient to evaluate the appellant’s claim of error. No record presented, thus judgment and sentence affirmed. Shanklin v. State, No. CRC 05-64 APANO, (Fla. 6th Cir.App.Ct. May 17, 2006).

 

 

NOT FINAL UNTIL TIME EXPIRES FOR REHEARING

AND, IF FILED, DETERMINED

 

 

IN THE CIRCUIT COURT OF THE SIXTH JUDICIAL CIRCUIT

OF THE STATE OF FLORIDA IN AND FOR PINELLAS COUNTY

 

 

DEBORAH L. SHANKLIN

           

            Appellant,

 

v.                                                                                                                                                                   Appeal No. CRC 05-64 APANO

     UCN522005AP000064XXXXCR

STATE OF FLORIDA

 

            Appellee.

_________________________________/

 

Opinion filed ____________________.

 

Appeal from a judgment and sentence

entered by the Pinellas County Court

County Judge Patrick Caddell

 

Deborah Shanklin, Pro Se

 

Macall Dyer, Esq.

Assistant City Attorney

 

ORDER AND OPINION

 

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

            The appellant was found guilty following a non-jury trial of violating St.Petersburg City Code §29-220(B) --- having a hedge on her property that was over six foot high. She is appealing the judgment and sentence.

            An appellate court must presume that the trial court’s judgment and sentence is correct unless the appellant provides the appellate court with a record that is sufficient to evaluate the appellant’s contentions of error. Harrison v. Harrison, 909 So.2d 318 (Fla. 2d DCA 2004). Despite being given ample time, the appellant has failed to file either a transcript of the proceedings or a statement of the evidence agreed upon by the parties and approved by the trial court. Therefore, this Court must affirm the trial court’s judgment and sentence unless there is a fundamental error that appears on the face of the judgment or sentence.

            The appellant raises several issues. First, she claims that the judgment and sentence is erroneous because her husband, a co-owner of the property in question, was never charged or given notice of the case against his wife. The appellant, however, has not cited any legal authority to support her argument. In addition, this Court’s independent review of the case law did not uncover any legal authority to support the argument. It is the appellant that was charged with violating the ordinance, and there is no claim that she did not receive proper notice of the charge or that she was not given an opportunity to defend against it.

            Next, the appellant claims the ordinance violated her private property rights and her right to be free from government intrusion. Courts in Florida, however, have long recognized that zoning ordinances for aesthetic purposes are within the police power of local municipalities. See e.g., City of Lake Wales v. Lamar Advertising Assoc. of Lakeland, Fla., 414 So.2d 1030 (Fla. 1982). Moreover, an ordinance is presumed to be valid, and any litigant claiming that it conflicts with fundamental property rights has the burden of demonstrating that it is unconstitutional. See City of Miami Beach v. Silver, 67 So.2d 646 (Fla. 1953). The appellant has not met that burden in this case.

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

            DONE AND ORDERED in Chambers at Clearwater, Pinellas County, Florida this _____ day of May, 2006.

 

                                                                        _____________________________

                                                                                    J. Thomas McGrady

                                                                                    Circuit Judge

 

 

 

                                                                        ______________________________

                                                                                    R. Timothy Peters

                                                                                    Circuit Judge

 

 

 

                                                                        _______________________________

                                                                                    John A. Schaefer

                                                                                    Circuit Judge

 

 

cc:        Macall Dyer, Esq.

 

            Deborah Shanklin

 

            Judge Caddell