Herman Davis v. State

Annotate this Case

Download PDF

IN THE DISTRICT COURT OF APPEAL OF THE STATE OF FLORIDA FIFTH DISTRICT JANUARY TERM 2013 NOT FINAL UNTIL TIME EXPIRES TO FILE MOTION FOR REHEARING AND DISPOSITION THEREOF IF FILED HERMAN DAVIS, Appellant, v. Case No. 5D12-3928 STATE OF FLORIDA, Appellee. ________________________________/ Opinion filed June 28, 2013 Appeal from the Circuit Court for Brevard County, Morgan Laur Reinman, Judge. James S. Purdy, Public Defender, and David S. Morgan, Assistant Public Defender, Daytona Beach, for Appellant. Pamela Jo Bondi, Attorney General, Tallahassee, and Anthony J. Golden, Assistant Attorney General, Daytona Beach, for Appellee. PER CURIAM. Herman Davis appeals his convictions for possession of a controlled substance and possession of drug paraphernalia. comment. We affirm these convictions without further Davis also appeals the circuit court s judgment adjudicating him guilty of a civil traffic infraction arising from the same incident that led to the criminal charges. Davis contends that the circuit court did not have jurisdiction to consider the civil traffic infraction. The State offers no argument to the contrary. The circuit court s jurisdiction in this matter was limited to the felony and any misdemeanor that arose from the same incident. See § 26.012(2)(d), Fla. Stat. (2012). Section 26.012(2)(d) does not grant authority to the circuit court to consider the civil traffic infraction, even though the infraction arose from the same circumstances as the charged felony. Consequently, we vacate the judgment adjudicating Davis guilty of the civil traffic infraction and imposing fines. AFFIRMED in part; VACATED in part. ORFINGER, C.J., PALMER and TORPY, JJ., concur. 2

Some case metadata and case summaries were written with the help of AI, which can produce inaccuracies. You should read the full case before relying on it for legal research purposes.

This site is protected by reCAPTCHA and the Google Privacy Policy and Terms of Service apply.