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State v. Schreiber2/4/2004
The State of Florida petitions this court for certiorari review of a Broward County Circuit Court order which granted respondent Jennifer Schreiber's petition for writ of prohibition and remanded her case to the Broward County Court for an order of discharge. For reasons which follow, we grant certiorari and quash that order.
Respondent Jennifer Schreiber was charged by information with two misdemeanors, driving under the influence (with property damage) and driving under the influence. She moved to suppress the results of her blood test, and filed a motion to dismiss as well, apparently moving to strike a UBAL allegation from the information as an alternative theory of prosecution. The State moved ore tenus to transfer the case to the central courthouse to accommodate the request to have the case tried by jury. The case was transferred accordingly and reassigned. The reassigned judge later recused himself. The case was transferred to a successor judge.
*565 On July 3, 2001, respondent filed a Notice of Expiration of Time for Speedy Trial, based on Florida Rule of Criminal Procedure 3.191. The trial court held the five-day hearing required by the rule. The trial court ordered that respondent be brought to trial within ten days. It set the case for trial on July 18, 2001, the fifteenth day of the window recapture period. The day before that was reserved for hearing pending motions. At that hearing, the trial court granted respondent's motion to suppress blood samples obtained by the Davie Police Department, and granted her motion to strike certain language from the information. The state sought to appeal these trial court orders, and filed a motion for extension of time on July 18, 2001, for trial pending appeal and after mandate, pursuant to Florida Rule of Criminal Procedure 3.191(i)(4). The trial court granted the motion for extension.
On July 18, 2001, the State filed its notice of appeal upon a question certified to this district court from the county court. After rehearing, this court issued its final decision and opinion in State v. Schreiber, 835 So.2d 344 (Fla. 4th DCA 2003), affirming in part and reversing in part with remand to the trial court. Mandate issued February 7, 2003.
Before the appeal was decided, on July 19, 2001, respondent moved for final discharge, and the trial court denied the motion on that date.
Once the appeal was decided, on April 1, 2003, respondent filed, in the circuit court, a petition for writ of prohibition to prohibit the trial court from exercising any further jurisdiction over the case beyond an order discharging her from prosecution. Respondent argued that the State's motion for extension of time pending appeal was not legally or procedurally valid because it was not filed until the five/ten-day recapture window period under Florida Rule of Criminal Procedure 3.191. The circuit court agreed with respondent and granted prohibition. The circuit court judge ordered the case remanded to the county court for entry of an order discharging respondent.
First, this case is reviewable by certiorari pursuant to State v. Frazee, 617 So.2d 350 (Fla. 4th DCA 1993). The standard of review for a petition for writ of certiorari filed from a decision of the circuit court rendered in its appellate capacity is whether the court denied the petitioner procedural due process and whether the court departed from the essential requirements of law in such a way as to cause a miscarriage of justice. See Haines City Cmty. Dev. v. Heggs, 658 So.2d 523, 530-31 (Fla.1995). See also Allstate Ins. Co. v. Kaklamanos, 843 So.2d 885, 889 (Fla.2003); Ivey v. Allstate Ins. Co., 774 So.2d 679, 682 (Fla.2000). In Heggs, the supreme court said that the term " 'applied the correct law' is synonymous with 'observing the essen
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