Legal Opinion

Hammons v. State

District Court of Appeal of Florida

Decided February 27, 2015No. 2D14-2729Published

1Opinion of the Court

MORRIS, Judge.

Paul Hammons seeks second-tier certio-rari review of a circuit court order reversing a county court order granting him a new trial for the charge of driving under the influence (third offense). The petition for writ of certiorari is untimely, and we do not have the authority to grant belated review of the circuit court order. See Russell v. State, 114 So.3d 483, 484-85 (Fla. 2d DCA 2013).

We note that even if the petition had been timely filed, it is without merit. After a jury found Hammons guilty, the county court granted Hammons’ motion for new trial based on the prosecutor’s…

2Cases cited1 opinion

  1. Russell v. StateDistrict Court of Appeal of Florida · 2013

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