IN THE CIRCUIT COURT OF THE SIXTH JUDICIAL CIRCUIT
OF THE STATE OF
JOSEPH AYOUB
Appellant,
Appeal No. CRC 06-18 APANO
UCN522006AP000018XXXXCR
v.
STATE OF
Appellee.
______________________________/
Opinion filed ____________________.
Appeal from a judgment and sentence
entered by the Pinellas County Court
Hearing Officer Herbert Langford
Joseph Ayoub, Pro Se
Robert Gualtieri, Esq.
Attorney for appellee
ORDER AND OPINION
(J. Demers)
THIS MATTER is before the Court on the appellant, Joseph Ayoub’s, appeal from a judgment and sentence entered against him following his conviction for running a stop sign. After reviewing the briefs and record, this Court reverses the judgment and sentence.
A
review of the record supports the appellant’s contention that the trial court
deprived him of his opportunity to complete his cross-examination of the police
officer who witnessed the alleged infraction. The hearing officer concluded
that the defendant had cross-examined the police officer, begun his closing,
and then wanted to ask further questions of the police officer. The record,
however, shows that the hearing officer, without there being any objection,
interrupted the defendant during his questioning of the police officer and
engaged in a conversation with him. Subsequently, the hearing officer would not
let the defendant renew the interrupted line of questioning. This was error.
It is fundamental that defendants be allowed to complete their
cross-examination. See
IT IS THEREFORE ORDERED that the judgment and sentence are reversed, and this matter is remanded to the trial court for a new trial.
DONE
AND ORDERED in Chambers at
_______________________
David A. Demers
Circuit Judge
_______________________
Robert J. Morris, Jr.
Circuit Judge
_______________________
Irene H. Sullivan
Circuit Judge
cc: Robert Gualtieri, Esq.
Joseph Ayoub
Hearing Officer Herbert Langford