County Case No.: MM01-811A-XX
Appeal No.: DD48-
ELLEN MARIE COON,
Appellant,
v.
STATE OF FLORIDA,
Appellee.
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ORDER OF THE COURT
This is an appeal from the county court of Polk County, Judge Karla F. Wright presiding. The Appellant was charged with resisting arrest without violence on January 26, 2001. Appellant entered a plea of nolo contendere and was sentenced to 60 days in county jail. On May 9, 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 Auburndale Police Department filed an arrest report charging the Appellant with resisting arrest without violence. Appellant contends that the trial court did not have jurisdiction to convict her because the only charging document filed was an arrest report, 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 and the State=s stipulation, 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 March 2002
CHARLES B. CURRY, Chief Judge