Miller v. State

DOWNEY, Judge.

Appellant entered a plea in the circuit court of nolo contendere to the charges of (Count I) possession of diazepam and (Count II) driving while under the influence of alcoholic beverage, reserving the right to appeal the denial of his motion to dismiss Count II. The basis for the motion was that the trial court lacked subject matter jurisdiction over Count II because the crime charged was a statutorily defined criminal traffic offense not constituting a misdemeanor or a felony and therefore not within the court’s jurisdiction under Article V, Section 20(c)(3) of the Florida…