County Case No.: TT00-003550-XX
Appeal No.: DD-51
TOMMY KIRBY,
Appellant,
v.
STATE OF FLORIDA,
Appellee.
______________________
OPINION OF THE COURT
This is an appeal from the county court of Polk County, Judge Mary Catherine Green presiding. Appellant, Tommy Kirby, appeals the judgment and sentence below. This court has jurisdiction. Fla. R. App. P. 9.030(c)(1)(A). The ruling of the county court is affirmed.
On April 17, 2001, Appellant was tried by a jury for driving while license suspended or revoked, in violation of §322.34 Florida Statutes (2000). Deputy Clyde Nichols of the Polk County Sheriff’s Office testified regarding the circumstances of Anderson=s arrest. At the close of the prosecution=s case, defense counsel moved for a mistrial arguing that the trial court erred in allowing Deputy Nichols to testify to Appellant’s prior convictions cited on the driving record to the jury. The trial judge denied the motion. The jury found Appellant guilty. The trial judge sentenced Appellant to 60 days in Polk County Jail.
Appellant appeals the denial of his motion and his sentence. Appellate counsel filed an initial brief on behalf of Appellant stating that the record contains no meritorious grounds for appeal. See Anders v. California, 386 U.S. 738 (1967). Anderson raises two issues on appeal: (1) whether the trial court erred in allowing in evidence of the Appellant’s driving record to be become a "feature" instead of an "incident" in the instant case; and (2) whether trial counsel was ineffective thus causing Appellant prejudice. This court offered Appellant the opportunity to file a pro se brief, but he failed to do so. Upon review of the record, the Court finds no reversible error.
Accordingly, it is ORDERED that ruling of the county court is AFFIRMED.
ORDERED June 2002.
CHARLES B. CURRY, Chief Judge