County Case No. CI99-011862-XX
Appeal No. BB-38

MATTHEW PARKER ROGERS,

Appellant,

vs.

STATE OF FLORIDA,

Appellee.

OPINION OF THE COURT

This is an appeal from the county court of Polk County, Judge Mary C. Green presiding. Appellant, Matthew Parker Rogers, appeals the judgment and sentence of the county court. This court has jurisdiction. Fla. R. App. P. 9.030(c). The ruling of the county court is affirmed.

I.

The State charged Appellant with violation of section 316.122, Florida Statutes (1999), for failing to yield to oncoming traffic when making a left turn. Section 318.19 requires a driver who causes serious bodily injury to another to appear in court. At trial, the State presented evidence which established that Appellant attempted a left turn which caused the accident. The driver of the second vehicle was transported to a hospital for treatment of injuries sustained in the accident. The trial judge adjudicated him guilty.

II.

A trial judge has wide discretion in weighing the sufficiency of evidence. See State v. Coffman,746 So. 2d 471 (Fla. 2d DCA 1998). A trial court ruling will stand absent a finding of abuse of discretion. Id.

III.

Appellant argues on appeal the Florida Highway Patrol officer’s notation on the citation, that serious bodily injury occurred, added another element to the offense charged. Appellant reasons that he ruling below should be reversed because the state failed to present evidence sufficient to establish serious bodily injury. This court disagrees. The citation shows that Appellant was charged with violation of section 316.122. The facts show and Appellant concedes that "[i]n viewing the evidence produced by the State in this case, the only reasonable inferences that are favorable to the State [sic] are that the appellant made a left hand turn, an accident occurred and someone was taken away in an ambulance." (Appellant’s Brief 5) This court finds no error below.

Accordingly, it is ORDERED that the ruling of the county court is AFFIRMED.

ORDERED August 2000.

Charles B. Curry
Chief Judge