LOPER v. STATE (2003)

District Court of Appeal of Florida,First District.

Henry Mac LOPER, Petitioner, v. STATE of Florida, Respondent.

No. 1D02-1026.

Decided: March 27, 2003

William J. Ritchie, Destin, Mary Esther, for Petitioner. Charlie Crist, Attorney General, and Douglas T. Squire, Assistant Attorney General, Tallahassee, for Respondent.

The officer's failure to file a traffic citation with the court within five days after issuance to the violator, as required by section 316.650(3), Florida Statutes (2001), was not a jurisdictional prerequisite to the prosecution of the defendant. See State v. Hancock, 529 So.2d 1200 (Fla. 5th DCA 1988). The petition for writ of certiorari is

DENIED.

PER CURIAM.

ERVIN, DAVIS and BENTON, JJ., CONCUR.

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