TENTH JUDICIAL CIRCUIT COURT
FOR HARDEE, HIGHLANDS AND
POLK COUNTY, FLORIDA

County Case No.: MM00-10808A-XX

Appeal No.: DD-18

DAVID M. ADAMS,

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 James A. Yancey presiding. On November 27, 2000, the Appellant was charged with one count of possession of marijuana, one count of possession of narcotic paraphernalia and one count of open container of alcoholic beverages. On January 25, 2001, Appellant entered a plea of guilty and was sentenced to 180 days in county jail on each count, running concurrently. On February 12, 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 Polk County Sheriff=s Office filed a probable cause affidavit charging the Appellant with the aforementioned crimes. Appellant contends that the trial court did not have jurisdiction to convict him because the only charging document filed was a probable cause affidavit, which is not an acceptable charging document to confer jurisdiction upon the trial court. Appellant 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.

For the foregoing reasons, it is ORDERED that the ruling of the county court is REVERSED AND REMANDED.

ORDERED April 2002.

CHARLES B. CURRY, Chief Judge