County of Dade v. Culver

Respondent, defendant in Metropolitan Court in and for Dade County, was convicted of the offense of disorderly conduct. Following the conviction, an appeal was duly prosecuted to the Circuit Court in and for the Eleventh Judicial Circuit, whereupon the circuit judge affirmed the conviction but reduced the sentence from five days in jail and $150.00 fine to a $50.00 fine, pursuant to the provisions of § 932.52 (13), Fla.Stat., F.S.A., authorizing the circuit judge to reduce municipal sentences. Thereafter, the County filed the instant petition for certiorari, contending that the circuit judge…