JERRY CRIBBS, PETITIONER,
v.
STATE OF FLORIDA, RESPONDENT
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Jerry Cribbs petitioned for a writ of certiorari to challenge his conviction for assault and battery, which resulted from the State's substitution of a lesser charge on the day of trial. The Florida First District Court of Appeal denied the petition, holding that the trial court's denial of a continuance motion was a discretionary matter beyond the scope of certiorari review.
The trial court's denial of the continuance motion was a matter of discretion, not jurisdiction, and therefore did not warrant review by writ of certiorari. The Circuit Court's affirmance of the conviction necessarily found no abuse of discretion, and no error warranting further review was demonstrated.
[1] Certiorari review of a circuit court's appellate decision is limited to whether the lower court exceeded its jurisdiction or failed to proceed according to the essential…
[2] A petition for writ of certiorari will be denied when the record does not demonstrate an abuse of discretion by the trial court or the appellate court.
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Join FLexlaw to unlock all legal intelligence“the certiorari jurisdiction of this court directed to the circuit courts sitting in their appellate capacity is limited to determining from the face of the record whether the lower court has exceeded its jurisdiction, or has not proceeded according to the essential requirements of law which are deemed essential to the administration of justice”
Establishes the narrow scope of certiorari review available to the appellate court—limited to jurisdictional issues or violations of essential requirements of law, not discretionary rulings.
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Join FLexlaw to unlock all legal intelligenceCribbs was initially charged with assault to murder. On the day of trial, the State Attorney requested permission to file a new information charging o…
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This matter is before this court on petition for a writ of certiorari to the Circuit Court of Duval County, Florida.
The defendant was informed against in the . Criminal Court of Record of Duval County, for the crime of assault to murder. On the day set for trial, the State Attorney suggested he would like to file a new information charging the defendant with only aggravated assault. The defense attorney objected to going to trial on that day, requesting a continuance, but did not object to the filing of the new or amended information. The motion to continue was not in writing and was denied. The defendant was convicted only of assault and battery. The case was appealed to the Circuit Court of Duval County, and affirmed. Hence this petition for certio-, rari.
We are committed to the precedent heretofore set by this court and other appellate courts of this state, that the certiorari jurisdiction of this court directed to the circuit courts sitting in their appellate capacity is limited to determining from the face of the record whether the lower court has exceeded its jurisdiction, or has not proceeded according to the essential *298requirements of law which are deemed essential to the administration of justice.
In the case sub judice, it appears that the matters complained of did not pertain to jurisdiction but only an abuse of the trial court’s discretion in denying continuance. The circuit court sitting in its appellate capacity affirmed the conviction in the trial court thereby necessarily finding no abuse of discretion by the trial court. Nothing has been shown to this court which shows any abuse by either the trial court or the circuit court warranting any further review by this court and therefore the petition for writ of certiorari is denied. State v. Smith, 118 So.2d 792, 795 (Fla.App.1st, 1960).
WIGGINTON and SPECTOR, JJ., concur.
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Cited By
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Grandin Lake Shores Ass'n, Inc. v. Underwood, 351 So. 2d 1131 (Fla. 1st DCA 1977)…ration of the record to ascertain whether supporting evidence is totally lacking. It will not be expanded by the reviewing court to attempt a reevaluation of the probative weight of the evidence. * * * ” (164 So. 2d at page 211) In Cribbs v. State, 237 So. 2d 297 (Fla. 1st DCA 1970), this court stated: “We are committed to the precedent heretofore set by this court and other appellate courts of this state, that the certiorari jurisdiction of this court directed to the Circuit Courts sitting in their appella…
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Ford Motor Co. v. Edwards, 363 So. 2d 867 (Fla. 1st DCA 1978)…ellate capacity, it is limited to a determination of whether the lower court has exceeded its jurisdiction or has otherwise deviated from the essential requirements of law. Dressner v. City of Tallahassee, 164 So. 2d 208 (Fla.1964); Cribbs v. State, 237 So. 2d 297 (Fla. 1st DCA 1970); Coffman v. State, 292 So. 2d 608 (Fla. 4th DCA 1974). The authorities make it clear that a District Court of Appeal may not on certiorari sought to a circuit court in the exercise of its appellate jurisdiction reevaluate or weig…
Authorities Cited
- State v. Smith, 118 So. 2d 792 (Fla. 1st DCA 1960)