IN THE CIRCUIT COURT OF THE SIXTH JUDICIAL CIRCUIT
OF THE STATE OF
STACY HAMMONDS
Petitioner,
Case No. CRC 06-45 APANO
UCN522006AP000045XXXXCR
v.
STATE OF
Respondent.
_____________________________/
Opinion filed ____________________.
Petition for writ of certiorari
seeking review of a decision
of the
County Judge John Carassas
Ari Weisberg, Esq.
Assistant Public Defender
Jason Thomas, Esq.
Assistant State Attorney
ORDER AND OPINION
THIS MATTER is before the Court on the defendant, Stacy Hammond’s, Petition for Writ of Certiorari. After reviewing the briefs and record, this Court denies the Petition.
The defendant was charged with DUI and driving with a suspended license (“DWLSR”). Instead of facing the charges, however, the defendant was found to be incompetent to stand trial. As part of its finding, the trial court required the defendant to surrender her driver’s license. Defense counsel argues that this was improper.
It was not improper for the trial court to impose as a condition of her release that the defendant surrender her driver’s license. The record reveals that the defendant was charged with both DUI and DWLSR, and had just been found mentally incompetent to stand trial. The trial court’s action in requiring the defendant to surrender her driver’s license was abundantly sensible.
Defense counsel contends that the trial court lacked specific statutory authority to order the surrender of the defendant’s driver’s license. Fla.R.Crim. P. 3.212(d), however, provides the legal authority. That rule provides that: “If the court decides that a defendant is not mentally competent to proceed but does not meet the criteria for commitment, the defendant may be released on appropriate release conditions for a period not to exceed 1 year.” Nothing in the rule prohibits a trial court from requiring the surrender of a defendant’s driver’s license as a condition of release under the appropriate circumstances. Under the facts of this case, the surrender of the defendant’s driver’s license was an appropriate condition of her release. This Court notes that the defendant refused to take a breath test at the time of arrest, thereby forfeiting for a year what, if any, driving privilege she had.
Although
the trial court cited statutes that do not appear to be on point with the facts
of this case, the trial court’s decision, nonetheless, is proper. See e.g.,
IT IS THEREFORE ORDERED that the Petition for Writ of Certiorari is denied.
DONE
AND ORDERED in Chambers at
______________________________
J. Thomas McGrady
Circuit Judge
______________________________
R. Timothy Peters
Circuit Judge
_______________________________
John A. Schaefer
Circuit Judge
cc: State Attorney
Public Defender
Judge Carassas