(Download) "State v. T.D" by Florida Court of Appeals # eBook PDF Kindle ePub Free
eBook details
- Title: State v. T.D
- Author : Florida Court of Appeals
- Release Date : January 12, 2003
- Genre: Law,Books,Professional & Technical,
- Pages : * pages
- Size : 45 KB
Description
T.D., a minor, was charged with aggravated battery on a pregnant woman. When the victim failed to appear for trial, the judge nonetheless insisted that the State proceed. After the State failed to produce any witnesses, the trial judge pronounced T.D. ""not guilty."" The State seeks to appeal the order of the trial judge, arguing that the order is in the nature of a dismissal - not a judgment of acquittal - and that the dismissal was too harsh a sanction. T.D., on the other hand, argues that the order is properly viewed as a judgment of acquittal from which the State cannot appeal. We agree with the State that the order is in the nature of a dismissal, but we affirm the trial court's exercise of discretion in dismissing the case. T.D.'s crime was to be tried by the trial judge. And, in the case of a bench trial, jeopardy attaches when the court begins to hear evidence. See, e.g., R.M. v. State, 603 So. 2d 64, 65 (Fla. 3d DCA 1992). In Bernard v. State, 261 So. 2d 133, 135 (Fla. 1972), our supreme court held that a court begins to hear evidence when ""the first witness is actually placed on the stand and begins to testify."" Here, no witness ever took the stand. Consequently, jeopardy would not have attached and the trial judge's disposition of the charge cannot be viewed as a judgment of acquittal. But cf. D.L.B. v. Kirk, 551 So. 2d 611, 612 (Fla. 5th DCA 1989)(holding that an order of dismissal based on the State's failure to present evidence at an adjudicatory hearing is ""similar"" to a judgment of acquittal and, if not successfully appealed by the State, will operate as an estoppel against the refiling of the same charge).
 "State v. T.D" by Florida Court of Appeals # eBook PDF Kindle ePub Free){kind=link}