District Court of Appeal of Florida

In second-tier certiorari proceedings arising from a DUI case, a petition challenging a circuit court's reversal of a ruling which prohibited the state from using breath test results as a discovery sanction, is granted where, although circuit court applied the correct law in determining that a county court had failed to conduct a proper Richardson hearing to address the state's alleged discovery violation, it denied defendant procedural due process when it undertook to make its own factual findings and render its opinion based on those findings.

Appellate Information

• Decided 12/22/2006
• Published 12/22/2006

Judges

• STRINGER, Judge.

Court

• District Court of Appeal of Florida

Counsel

• For Appellant:
  
• Donna P. Levine of Law Office of Donna P. Levine, West Palm Beach, for Petitioner.


• For Appellees:
  
• Charles J. Crist, Jr., Attorney General, Tallahassee, and William I. Munsey, Jr., Assistant Attorney General, Tampa, for Respondent.