Summary
affirming the summary denial of an appellant's claim that he was entitled to resolve his felony DWLSR administratively through section 318.14 because the appellant failed to avail himself of the statute until more than three months after his appearance date
Summary of this case from Jones v. StateOpinion
No. 98-2862
Opinion filed December 29, 1999 JULY TERM 1999
Appeal from the Circuit Court for the Nineteenth Judicial Circuit, St. Lucie County; Cynthia G. Angelos, Judge; L.T. No. 96-1771 CF.
Richard L. Jorandby, Public Defender, and Ellen Griffin, Assistant Public Defender, West Palm Beach, for appellant.
Robert A. Butterworth, Attorney General, Tallahassee, and Georgina Jimenez-Orosa, Assistant Attorney General, West Palm Beach, for appellee.
ON MOTION FOR REHEARING
We withdraw our previously filed opinion, Carter v. State, 24 Fla. L. Weekly D1706 (Fla. 4th DCA July 21, 1999), and substitute the following opinion in its place. Appellant's motion for rehearing is denied.
Under § 318.14(10), Florida Statutes (1995), persons cited for driving while license suspended (DWLS) under certain circumstances can have the citation resolved administratively through the clerk of the court and have adjudication withheld. In the present case appellant, after his fourth citation for DWLS, was charged with a felony, and contends that he was still entitled to resolve the felony charge administratively through § 318.14(10). We need not decide the issue raised by appellant, because if he was going to avail himself of § 318.14(10), he had to do so prior to "the scheduled court appearance date." § 318.14(10)(b). Appellant's first appearance for the felony charge occurred on October 31, 1996, and he did not attempt to avail himself of the administrative procedure until February, 1997. We therefore affirm.
WARNER, C.J., KLEIN and TAYLOR, JJ., concur.