CATHERINE STANEK-COUSINS, APPELLANT,
v.
STATE OF FLORIDA, APPELLEE
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Catherine Stanek-Cousins appeals her manslaughter conviction, but the Fifth District Court of Appeal lacks jurisdiction because the trial was transferred to and conducted in Palm Beach County, which falls under the Fourth District's appellate jurisdiction. The court transfers the case accordingly.
The appellate jurisdiction lies with the district court of appeal that serves the transferee court (the Fourth District Court of Appeal for Palm Beach County), not the district where the case originated. Appellate jurisdiction follows the venue change once it becomes effective.
[1] Appellate jurisdiction is determined by the county in which the defendant was tried, even if venue was transferred.
[2] Appeals from cases tried in Palm Beach County are heard by the Fourth District Court of Appeal.
Previewing 2 of 3 headnotes on this case. FLexlaw’s editorially structured points of law — every proposition, pinpointed — are reserved for members.
Join FLexlaw to unlock all legal intelligence“Once the change of venue has become effective, appellate jurisdiction shall be in the district court of appeal which serves as the district court of appeal for the transferee court, even if the challenged order was entered before the change of venue.”
Establishes the controlling legal principle that appellate jurisdiction follows the transferee venue, not the original venue.
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Join FLexlaw to unlock all legal intelligenceStanek-Cousins was indicted for murder of her husband in Osceola County, where his body was found, but the crime location was initially uncertain. She…
The full statement of facts, procedural history, and disposition for this case are member content.
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THOMPSON, J.
Catherine Stanek-Cousins appeals her judgment and sentence for manslaughter. She argues that the proper court to hear her appeal is the Fourth District Court of Appeal. We agree and transfer the case to the Fourth District Court of Appeal.
Cousins was indicted for the premeditated murder of her husband, Sean Cousins. The Cousinses were residents of Palm Beach County, but the body of Sean Cousins was found in Osceola County, in the jurisdiction of the Fifth District Court of Appeal. At the time the case was presented to the grand jury, the state could not determine where the crime had been committed; thus, the state charged that it could have occurred in several counties.1 Cousins was indicted in the Ninth Judicial Circuit in and for Osceola County, Florida, and arrested on 26 November 2002. Cousins was held in jail in Osceola County while the Public Defender for the Ninth Judicial Circuit investigated the case for one year. On 24 March 2003, Cousins filed a motion to elect venue in Palm Beach County pursuant to Florida Rule of Criminal Procedure 3.240, but stated that she was not waiving her speedy trial rights. The trial court granted Cousins’s motion to change venue.
The Public Defender for the Ninth Judicial Circuit filed a motion to withdraw, alleging that over objection, the trial court directed the Public Defender to represent Cousins at the trial in West Palm Beach. The trial court denied the motion on 9 April 2003. The trial court stated that Cousins had refused to waive her right to a speedy trial and that it had repeatedly explained the ramifications of counsel’s dilemma to Cousins. Nevertheless, Cousins insisted that she would not waive speedy trial. The trial court concluded that because Cousins refused to waive a speedy trial, a new attorney would not have sufficient time to prepare to defend Cousins against the instant charge.
Cousins and her co-defendant, Timothy Koile2 were tried simultaneously in the Fifteenth Circuit in West Palm Beach, with Cousins being represented by attorneys from the Public Defenders Office for the Ninth Judicial Circuit and attorneys from Palm Beach. The jury found Cousins guilty of the lesser count of manslaughter. The trial court ruled that venue would return to Osceola County, where Cousins was sentenced to fifteen years in the Department of Corrections.
Although several issues have been raised on appeal, we find the issue concerning our jurisdiction dispositive. Cousins elected to be tried in Palm Beach County, and the trial court granted the motion. Thus, venue was transferred, and she was tried and convicted in Palm Beach County, which is in the Fifteenth Judicial Circuit. See § 26.021(15), Fla. Stat. (2003). Appeals from cases tried in Palm Beach County are heard by the Fourth District Court of Appeal. See § 35.042, Fla. Stat. (2003). In Vasilinda v. Lozano, 631 So. 2d 1082 (Fla.1994), the Florida Supreme Court was faced with determining which appellate court had jurisdiction to hear an appeal after venue was transferred. The court wrote:
Once the change of venue has become effective, appellate jurisdiction shall be in the district court of appeal which serves as the district court of appeal for the transferee court, even if the challenged order was entered before the change of venue.
Id. at 1087.
Applying the holding in Vasilinda, it is ordered that the instant case be TRANSFERRED to the Fourth District Court of Appeal.
SAWAYA, C.J., and PETERSON, J., concur. . The indictment alleged that the murder occurred between May 6 and May 12, 2001, and that the murder could have occurred in Palm Beach, Martin, St. Lucie, Indian River, Bre-vard, or Osceola County. Sean's body was found in Osceola County.
. During the course of the trial, Koile pleaded guilty to the crime of second-degree murder. In exchange for his plea and testimony against Cousins, he received a sentence of eight to ten years, followed by five years probation. Koile has also filed an appeal with this Court, however, his appeal is limited to the amount of restitution awarded by the trial court.
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Hernandez v. State, 64 So. 3d 1175 (Fla. 2011)…ich the Third District Court of Appeal denied an appellant’s motion to transfer his appeal to another district court, but certified that its decision was in conflict with Cole v. State, 280 So. 2d 44 (Fla. 4th DCA 1973), and Stanek-Cousins v. State, 896 So. 2d 865 (Fla. 5th DCA 2005). We have jurisdiction. See art. V, § 3(b)(4), Fla. Const. For the reasons set forth in this opinion, we approve Hernandez. FACTS AND PROCEDURAL HISTORY This case arises out of the murder trial of petitioner Michael Hernandez. I…1 / 2
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Stanek-Cousins v. State, 912 So. 2d 43 (Fla. 4th DCA 2005)…een years for the shooting death of her husband, Sean Cousins (“Sean”). This appeal was transferred to this court from the fifth district based upon its determination that venue had been transferred to the fifteenth circuit. Stanek-Cousins v. State, 896 So. 2d 865 (Fla. 5th DCA 2005). For the reasons explained herein, we affirm the conviction and sentence, and reverse the restitution order as to the amount only. On November 21, 2002, Cousins and her co-defendant Timothy Koile (“Koile”) were indicted in the N…
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Hernandez v. State (Fla. 3d DCA 2009)…ct Court of Appeal. Accordingly, we deny Hernandez’s motion to transfer his appeal to the Fifth District Court of Appeal. Because we note that our holding conflicts with Cole v. State, 280 So. 2d 44 (Fla. 4th DCA 1973), and Stanek-Cousins v. State, 896 So. 2d 865 (Fla. 5th DCA 2005), [*8] we certify the conflict for resolution by the Florida Supreme Court. Motion denied; conflict certified.…
Authorities Cited
- Vasilinda v. Lozano, 631 So. 2d 1082 (Fla. 1994)