State v. Whirley, 82-1540
| Decision Date | 22 September 1982 |
| Docket Number | No. 82-1540,82-1540 |
| Citation | 421 So.2d 555 |
| Parties | STATE of Florida, Petitioner, v. Karen L. WHIRLEY, Respondent. |
| Court | Florida District Court of Appeals |
E.J. Salcines, State Atty., and Claire Cours Jackson, Asst. State Atty., Tampa, for petitioner.
Judge C. Luckey, Jr., Public Defender, and Lawrence H. Samaha, Asst. Public Defender, Tampa, for respondent.
The State of Florida petitions for a writ of common law certiorari to quash a circuit court order requiring a jury trial for respondent, Karen Whirley, in Hillsborough County Court for violation of a municipal ordinance of the City of Tampa. We have jurisdiction pursuant to rule 9.030(b)(2)(B), Florida Rules of Appellate Procedure, and article V, section 4(b)(3), Florida Constitution (1972).
A Tampa police officer arrested Whirley on December 30, 1980, and charged her with driving under the influence of alcoholic beverages, narcotic drugs, barbiturates, or other stimulants in violation of section 316.193(1), Florida Statutes (1979), and Tampa City Code, section 39-2(b). On February 12, 1981, her attorney filed a motion for jury trial and on February 23, the assistant state attorney dropped the original charge and charged her with driving with an unlawful blood alcohol level in violation of section 316.193(3), Florida Statutes (1979).
The county judge, finding that Whirley was not entitled to a jury trial, denied the motion, found her guilty as charged, and sentenced her to ten days in the Hillsborough County Jail. Whirley appealed and the circuit judge, citing Smith v. City of Lakeland, 392 So.2d 262 (Fla. 2d DCA 1980), in support, reversed the county court and ordered a jury trial.
We understand that Smith v. City of Lakeland has been construed by some to require a jury trial for a violation of a municipal ordinance even though a jury trial would not be required if the same offense was charged as a violation of a state statute. We take this opportunity to clarify our intent in Smith v. City of Lakeland. There is no constitutional right to a jury trial for violation of a municipal ordinance, State v. Webb, 335 So.2d 826 (Fla.1976), and Smith v. City of Lakeland does not confer a new and broader right to trial by jury. Although the right to trial by jury was an issue before us in Smith, we were chiefly concerned with Judge Green's ruling that Smith had waived his right to trial by jury by failing to file a transfer petition pursuant to section 932.61(2), Florida...
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Whirley v. State
...E.J. Salcines, State Atty., and Claire Cours Jackson, Asst. State Atty., Tampa, for respondent. PER CURIAM. This cause, State v. Whirley, 421 So.2d 555 (Fla. 2d DCA 1982), is before us as conflicting with Powers v. State, 370 So.2d 854 (Fla. 3d DCA), review denied, 379 So.2d 209 (Fla.1979).......
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State v. Reed, 83-1821
...as a statutory offense. It did not base its holding on the state constitution or rule 3.251. In the most recent case, State v. Whirley, 421 So.2d 555 (Fla. 2d DCA 1982), review granted, case no. 62,948, our sister court held that a person charged with the violation of section 316.193(1), Fl......
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Caverly v. State, 82-2793
...further suggests that in granting appellant Russell G. Caverly a jury trial, our decision conflicts with our holding in State v. Whirley, 421 So.2d 555 (Fla. 2d DCA 1982). As noted in our opinion, appellant was charged with driving under the influence of alcoholic beverages in violation of ......