HERMAN DAVIS, APPELLANT,
v.
STATE OF FLORIDA, APPELLEE
AI-generated. These summaries, headnotes, and key points are machine-generated and may contain errors or omissions. Always verify against the full opinion text below. Not legal advice.
The court held that the circuit court lacked jurisdiction to adjudicate a civil traffic infraction arising from the same incident as felony charges.
Herman Davis was convicted of drug offenses and a civil traffic infraction stemming from the same incident. He appealed both the criminal convictions …
The full statement of facts, procedural history, and disposition for this case are member content.
Join FLexlaw to unlock all legal intelligence© FLexlaw, Inc. — AI-generated enrichments are proprietary. All rights reserved.
Explore caselaw by topic → Browse Jurisdiction Of Circuit Court cases and more on FLexlaw
Herman Davis appeals his convictions for possession of a controlled substance and possession of drug paraphernalia. We affirm these convictions without further comment.
Davis also appeals the circuit court’s judgment adjudicating him guilty of a civil traffic infraction arising from the same incident that led to the criminal charges. Davis contends that the circuit court did not have jurisdiction to consider the civil traffic infraction. The State offers no argument to the contrary.
The circuit court’s jurisdiction in this matter was limited to the felony and any misdemeanor that arose from the same incident. See § 26.012(2)(d), Fla. Stat. (2012). Section 26.012(2)(d) does not grant authority to the circuit court to consider the civil traffic infraction, even though the infraction arose from the same circumstances as the charged felony. Consequently, we vacate the judgment adjudicating Davis guilty of the civil traffic infraction and imposing fines.
AFFIRMED in part; VACATED in part.
ORFINGER, C.J., PALMER and TORPY, JJ., concur.
Cases With Similar Vibessemantic neighbors from the corpus
Citator
Cited By
-
Sajed Khan v. Deutschman, 282 So. 3d 965 (Fla. 1st DCA 2019)
-
Jeffries v. Jeffries, 133 So. 3d 1243 (Fla. 1st DCA 2014)…but Appellee testified that the scratches were from her fighting off Appellant’s attack. It was the responsibility of the trial court to determine the credibility of the witnesses and to resolve the conflicts in the evidence. See Disston v. Hanson, 116 So. 3d 612 (Fla. 5th DCA 2013). The trial court apparently credited Appellee’s testimony over Appellant’s testimony because the court granted her petition, stating “I will give you [Appellee] a permanent injunction against his committing domestic violence agai…
-
D.M. v. M.D., 247 So. 3d 713 (Fla. 5th DCA 2018)…a. 2d DCA 1964). When, as here, there is competent, substantial evidence to support the trial judge's conclusion, it will be affirmed. See Bertman v. Solomon, 166 So. 2d 499, 502 (Fla. 3d DCA 1964). We cannot reweigh the evidence. Disston v. Hanson, 116 So. 3d 612, 613 (Fla. 5th DCA 2013). AFFIRMED. COHEN, C.J., ORFINGER and EISNAUGLE, JJ., concur. The trial court's order erroneously referred to section 39.806(1), Florida Statutes (2015), to interpret "abandonment" instead of section 63.089(4). However, th…
Previewing 3 of 5 citing cases — full citator treatment, depth of discussion, and citing context are member features.
Join FLexlaw to unlock all legal intelligence