County Case No.: MM00-00624A-XX
Appeal No.: 01-0185
JEFF A. MCCALL,
Appellant,
v.
STATE OF FLORIDA,
Appellee.
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OPINION OF THE COURT
This is an appeal from the county court of Hardee County, Judge Marcus J. Ezelle presiding. The Appellant was charged with possession of marijuana and possession of paraphernalia on October 3, 2000. After his motion to suppress was denied, Appellant entered a plea of nolo contendere reserving the right to appeal the denial of the motion to suppress. On April 10, 2001, Appellant filed a timely notice of appeal. This court has jurisdiction. Fla. R. App. P. 9.030(c). The ruling of the county court is reversed.
The Appellee failed to file an answer brief; therefore the Court will proceed without the benefit of Appellee’s brief. First, Appellant contends that the trial court did not have jurisdiction to convict him because the only charging document filed was an arrest affidavit, which is not an acceptable charging document to confer jurisdiction upon the trial court. Second, Appellant alleges that the search of Appellant’s car was beyond the scope of the search warrant so the marijuana seized in the car should have been suppressed.
Appellant first argues that pursuant to Fla. R. Crim. P. 3.140(a), the only appropriate charging documents for misdemeanor prosecutions are informations and notices to appear. Appellant further cites to a recent ruling where the Court held that a trial court has no jurisdiction where only an arrest report/affidavit was filed. Inclema v. State, DD-2 (Fla. 10th Cir. Ct. Jan. 22, 2002). In light of this recent ruling, this court has no recourse but to reverse and remand this cause to the trial court for the purpose of discharging the Appellant on the basis of lack of jurisdiction. As the Court has granted relief to Appellant, it declines to reach the merits of the second issue.
For the foregoing reasons, it is ORDERED that the ruling of the county court is REVERSED AND REMANDED.
ORDERED June 2002
CHARLES B. CURRY, Chief Judge