MM00-06751A-XX - Ekes v. State

IN THE TENTH JUDICIAL CIRCUIT
FOR HARDEE, HIGHLANDS AND POLK COUNTY, FLORIDA

County Case No.: MM00-06751A-XX; MM00-01539A-XX; MM00-00030A-HC

Appeal No.: CC-57

MICHAEL EKES,

Appellant,

v.

STATE OF FLORIDA,

Appellee.

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OPINION OF THE COURT

This is an appeal from the county court of Polk County, Judge Anne H. Kaylor presiding. On January 27, 2000, the Appellant was charged with domestic violence battery with bodily harm, in violation of §784.03(2) Florida Statutes (1999). On February 15, 2000, he was again charged with one count of domestic violence battery. In both instances, the Haines City Police Department used an arrest affidavit to charge the Appellant. Appellant pled nolo contendere to the aforementioned charges and was sentenced to one year in county jail on each count to run concurrent, to be suspended upon completion of 12 months of probation. On July 18, 2000, the Haines City Police Department filed an arrest report, charging Appellant with domestic violence battery in violation of his probation. On October 30, 2000, Appellant pled guilty in all three cases and was sentenced to 180 days in county jail, all to run concurrent. In addition, the court imposed $163.50 in court costs and fines, which was reduced to a lien, and a $150 public defender fee. 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.

Appellant first contends that the trial court did not have jurisdiction to accept his plea 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 trial court erred in denying his motion to correct sentencing error.

First, Appellant 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 this Court held that a trial court has no jurisdiction where only an arrest report/affidavit was filed. Inclema v. State, DD-2 (Fla. 10^th Cir. Ct. Jan. 22, 2002). In light of this ruling, this court must 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