Summary
The Florida Supreme Court reviewed whether appellate jurisdiction lies in the district court serving the circuit where a criminal defendant was tried or the circuit where the judgment and sentence were entered after a change of venue. It held that appellate jurisdiction is determined by whether the venue transfer was complete when the notice of appeal was filed, which occurs when the transfer order is entered and the court file is received by the transferee court. The court approved the Third District's decision in Hernandez and disapproved conflicting decisions to the extent inconsistent with that rule.
Topics
Practice areas
Questions Presented
- Which Florida district court of appeal has appellate jurisdiction when a criminal defendant is tried and convicted in a circuit within one district but venue is transferred to a circuit within another district before judgment, sentencing, and the notice of appeal?
- Does the rule governing appellate jurisdiction after an initial change of venue also apply when a case is transferred back to the originating circuit?
Holdings
- Once an order transferring venue has been entered and the court file has been received by the clerk of the transferee court, appellate jurisdiction becomes vested in the district court of appeal that serves the transferee court for all subsequent matters in the case.
Key quotations
“We hold that once an order transferring venue has been entered by the transferor court and the court file has been received by the clerk of the transferee court, appellate jurisdiction becomes vested in the district court with jurisdiction over the transferee court for all subsequent matters in the case.” (64 So. 3d at 1180)
“This rule applies both to an initial transfer of venue and to any subsequent transfer back to the court of original jurisdiction.” (64 So. 3d at 1180)
Factual background
Michael Hernandez was indicted in Miami-Dade County for first-degree murder and attempted first-degree murder arising from attacks on classmates when he was fourteen years old. Due to pervasive media coverage that impeded jury selection, the case was transferred to Orange County for trial. After a jury convicted Hernandez, the trial judge transferred venue back to Miami-Dade County, where judgment and sentences of life imprisonment and thirty years were entered.
Procedural history
Hernandez was indicted and initially proceeded in the Eleventh Judicial Circuit in Miami-Dade County. Because of pervasive pretrial publicity, venue was transferred to the Ninth Judicial Circuit in Orange County, where he was tried and convicted. Immediately after trial, venue was transferred back to the Eleventh Circuit; judgment, sentencing, and the notice of appeal occurred in Miami-Dade County. The Third District denied Hernandez's motion to transfer the appeal to the Fifth District but certified conflict with Cole and Stanek-Cousins, and the Supreme Court approved the Third District's decision.