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Robertson v. State ex Rel. Harty

District Court of Appeal of Florida, Fourth District
Nov 12, 1969
227 So. 2d 346 (Fla. Dist. Ct. App. 1969)

Opinion

No. 2575.

October 3, 1969. Rehearing Denied November 12, 1969.

Appeal from Circuit Court, Orange County; George E. Adams and Claude R. Edwards, Judges.

Joseph X. DuMond, Jr., Orlando, for appellant.

Edward R. Kirkland, Orlando, for appellees.


This case, like Davis v. Smith, District Court of Appeal, Fourth District, 227 So.2d 342, opinion filed this date, presents the question of whether F.S. 1967, Section 322.262(4), F.S.A., entitles a person, charged in municipal court with the offense of driving while under the influence of alcoholic beverages to the extent that his normal faculties were impaired, to a jury trial upon demand for such.

In the instant case, unlike the situation in Davis v. Smith, supra, the municipal judge was prohibited from exercising further jurisdiction because the relator had made timely demand for jury trial and the respondent municipal judge had apparently conceded that there was no authority under the municipal charter authorizing the Municipal Court of Orlando to impanel a jury and conduct a jury trial.

We affirm upon the authority of Davis v. Smith, supra. We expressly do not decide the question of whether the Municipal Court of Orlando has the means of providing a jury trial in this case as that question was not raised on this appeal.

Affirmed.

WALDEN and McCAIN, JJ., concur


Summaries of

Robertson v. State ex Rel. Harty

District Court of Appeal of Florida, Fourth District
Nov 12, 1969
227 So. 2d 346 (Fla. Dist. Ct. App. 1969)
Case details for

Robertson v. State ex Rel. Harty

Case Details

Full title:JOHN ROBERTSON, JUDGE OF THE MUNICIPAL COURT, CITY OF ORLANDO, ORANGE…

Court:District Court of Appeal of Florida, Fourth District

Date published: Nov 12, 1969

Citations

227 So. 2d 346 (Fla. Dist. Ct. App. 1969)

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