JAIME CARRILLO, PETITIONER,
v.
STATE OF FLORIDA, RESPONDENT
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Petition for writ of certiorari from affirmance of DUI conviction denied because the appellate court declined to grant a second appeal from county court proceedings.
A writ of certiorari will not be granted to review a circuit court's affirmance of a county court DUI conviction absent extreme circumstances showing the appellate decision is so erroneous that justice requires correction.
Defendant was convicted of DUI in county court and appealed to circuit court, which affirmed the conviction. Defendant then petitioned for certiorari …
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PER CURIAM.
Defendant petitions for a writ of certiorari from the affirmance by the Circuit Court of the Thirteenth Judicial Circuit of his DUI conviction by the county court of Hillsborough County. Defendant argues persuasively that the county court erred in various respects relating to the admissibility of evidence, prejudicial comments by the prosecutor, and failure of the trial court to enforce the attendance of certain witnesses. The state argues that there was no error or, if there was error, it was not reversible error. “We cannot say that if we should decide that there was error, the error was so serious that it would result in a miscarriage of justice.... We believe that to grant certiorari under the circumstances of this particular case in which the circuit court sat in its appellate capacity would improperly afford two appeals from a trial in the county court.... We cannot say that this is one of ‘those few extreme cases where the appellate court’s decision is so erroneous that justice requires that it be corrected.’ ” State v. Roess, 451 So. 2d 879, 880 (Fla. 2d DCA 1984). Roess was a denial of a petition for a writ of certiorari filed by the state from a circuit court reversal of a county court criminal conviction.
The petition for writ of certiorari is denied.
DANAHY, A.C.J., and LEHAN and HALL, JJ., concur.
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Citator
Cited By
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Perez-Priego v. Bayside Carburetor & Ignition Corp., 633 So. 2d 1190 (Fla. 5th DCA 1994)…ng an order of the county court denying petitioner’s claim for relief. We elect to treat this proceeding as a petition for certiorari.1 We deny the writ for failure to show any departure from the essential requirements of law. See Carrillo v. State, 466 So. 2d 1235 (Fla. 2d DCA), rev. denied, 476 So. 2d 673 (Fla.1985). Petitioner’s claim was brought under section 559.903, Florida Statutes (“The Florida Motor Vehicle Repair Act”). She sought to recover the cost of repairs paid to Bayside Carburetor on the grou…
Authorities Cited
- State v. Roess, 451 So. 2d 879 (Fla. 2d DCA 1984)