Robertson v. State ex rel. Harty

District Court of Appeal of Florida

Robertson v. State ex rel. Harty

227 So. 2d 346

CourtDistrict Court of Appeal of Florida

DecidedOctober 3, 1969

DocketNo. 2575

StatusPublished

Cited by2 cases

This text of 227 So. 2d 346 (Robertson v. State ex rel. Harty) is published on Counsel Stack Legal Research, covering District Court of Appeal of Florida primary law. Counsel Stack provides free access to over 12 million legal documents including statutes, case law, regulations, and constitutions.

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Robertson v. State ex rel. Harty, 227 So. 2d 346 (Fla. Ct. App. 1969).

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Opinion

OWEN, Judge.

This case, like Davis v. Smith, District Court of Appeal, Fourth District, 227 So.2d 342, opinion filed this date, presents the question of whether F.S.1967, Section 322.-262(4), F.S.A., entitles a person, charged in municipal court with the offense of driving while under the influence of alcoholic beverages to the extent that his normal faculties were impaired, to a jury trial upon demand for such.

In the instant case, unlike the situation in Davis v. Smith, supra, the municipal judge was prohibited from exercising further jurisdiction because the relator had made timely demand for jury trial and the respondent municipal judge had apparently conceded that there was no authority under the municipal charter authorizing the Municipal Court of Orlando to impanel a jury and conduct a jury trial.

We affirm upon the authority of Davis v. Smith, supra. We expressly do not decide the question of whether the Municipal Court of Orlando has the means of providing a jury trial in this case as that question was not raised on this appeal.

Affirmed.

WALDEN and McCAIN, TJ-, concur

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