STATE OF FLORIDA, APPELLANT,
v.
CHRISTOPHER JETTINGHOFF, APPELLEE
STATE OF FLORIDA, APPELLANT,
CHRISTOPHER JETTINGHOFF, APPELLEE
743 So. 2d 601
Florida District Court of Appeal, Fourth District (1999)
Positive Treatment
Cited by 2 cases
Opinion of the Court
PER CURIAM.
We reverse the trial court’s dismissal of appellee’s felony DUI charges, and remand for further proceedings, on authority of State v. Swartz, 734 So. 2d 448 (Fla. 4th DCA 1999). In Swartz we rejected both arguments appellee now raises regarding the circuit court’s jurisdiction over a felony DUI charge and the remoteness of prior DUI convictions. See id. at 449.
POLEN, GROSS and TAYLOR, JJ., concur.
Cases With Similar Vibessemantic neighbors from the corpus
Citator
Cited By
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Laveress Hopkins v. State, 105 So. 3d 470 (Fla. 2012)…ismissed the battery by detainee charge based on its belief that it was [*472] bound to follow T.C. The trial court urged the State to appeal its decision. In its written order, the trial court noted the Fourth District’s decision in J.A. v. State, 743 So. 2d 601 (Fla. 4th DCA 1999), which affirmed the trial court’s order adjudicating a juvenile guilty of battery upon a fellow detainee in violation of sections 784.03 and 784.082, and the Fifth District’s decision in J.A.D. v. State, 855 So. 2d 1199 (Fla. 5th…
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State v. Lavaress Hopkins, 47 So. 3d 974 (Fla. 4th DCA 2010)…la.1992). The trial court urged the State to appeal, which it has. We have de novo review of this dismissal order. State v. Powell, 974 So. 2d 586, 588 (Fla. 4th DCA 2008). The trial court’s instinct was correct. Eleven years ago in J.A. v. State, 743 So. 2d 601 (Fla. 4th DCA 1999), we affirmed a trial court order adjudicating a juvenile guilty of battery upon a fellow detainee. Similarly, in J.A.D. v. State, 855 So. 2d 1199 (Fla. 5th DCA 2003), the Fifth District Court of Appeal reached the same conclusion…
Authorities Cited
- State v. Swartz, 734 So. 2d 448 (Fla. 4th DCA 1999)