Preview
Filing #42737367 E-Filed 06/14/2016 04:14:37 PM
IN THE CIRCUIT COURT OF THE NINTH JUDICIAL CIRCUIT
STATE OF FLORIDA
STATE OF FLORIDA,
Petitioner, APPEAL NO. 2016-CA-2323-O
v LOWER CASE NO. 2015-MM-1196-W
MICHAEL WESLEY KENNEDY
Defendant.
/
AMENDED APPENDIX TO AMENDED PETITION FOR WRIT OF
MANDAMUS OR OTHER EXTRAORDINARY RELIEF
JEFFREY L. ASHTON
STATE ATTORNEY
NINTH JUDICIAL CIRCUIT
DANIEL J. QUINN
Assistant State Attorney
Florida Bar No. 122435
Post Office Box 1673
Orlando, Florida 32802
Telephone: (407) 836-2406
PCF@sa09.org
COUNSEL FOR PETITIONER
TABLE OF CONTENTS
DATE DOCUMENT PAGES
2/26/2016 Amended Information 1-3
3/8/2016 Transcript of March 8, 2016 Hearing 4-8
3/4/2016 Disposition Order dated 3/4/2016 9-10
3/10/2016 Order on Defense’s Motion to Suppress 11-13
Confessions, Statements and Admissions
3/4/2016 Transcript of March 4, 2016 Hearing on 14-110
Defendant's Motion to Suppress Confessions,
Statements and Admissions
CERTIFICATION
{| HEREBY CERTIFY that a true and correct copy of the foregoing has been
furnished to the Honorable Judge Deb Blechman, 425 North Orange Avenue,
Orlando, FL 32801, and N. Fleetwood Tilden, Esq., 147 East Lyman Avenue, Suite
C, Winter Park, FL 32789: finftlaw@embarqmail.com on this 14" day of June,
2016.
()
if
T22
Daniel J. Quinn
Assistant State Attorney
Florida Bar #122435
Filing # 38334677 E-Filed 02/26/2016 02:37:18 PM
IN ‘THE COUNTY COURT OF ORANGE COUNTY, STATE OF FLORIDA
AMENDED
THE STATE OF FLORIDA INFORMATION # 48-2015-MM-001196-W
VS. DIVISION - 82
MICHAEL WESLEY KENNEDY 1, CONSERVATION-ANIMALS-VIOL FWC
RULE OR ORDER RE CAPTIVE WILDLIFE
Q2)
2. CONSERVATION-ANIMALS-VIOL FWC
RULE OR ORDER RE CAPT TVE WILDLIFE
~~
(NE)
3. CONSERVATION-ANIMALS-VIOL FWC
RULE OR ORDER RE CAPTIVE WILDLIFE
™))
IN THE NAME AND BY THE AUTHORITY OF THE STATE OF FLORIDA:
JEFFREY L, ASHTON, State Attorney of the Ninth Judicial Circuit'prosecuting for the
State of Florida in Orange County, or JEFFREY L, ASHTON, State Attorney of the Ninth Judicial
Circuit prosecuting for the State of Florida in Orange County, by and through the undersigned
Designated Assistant State Attorney, under oath, CHARGES that MICHAEL WESLEY KENNEDY, on
or about the Ist day of September, 2015, in said County and State, did, in violation of Florida Statute
379.303, Florida Statute 379.305, Florida Statute 379.4015(2), Florida Administrative Code 68A-
6.0023(1), and Florida Administrative Code 68A-6.0023(4), maintain captive wildlife, to-wit: a
venomous King Cobra, in @ manner and condition whichresulted in escape from its enclosure, cage, or
‘
other constraint, constituting a threat to public safety,
Page 1 of 3
000001
COUNT TWO.
JEFFREY L. ASHTON, State Attorney of the Ninth Judicial Circuit prosecuting for the
State of Florida in Orange County, or JEFFREY L. ASHTON, State Attorney of the Ninth Judicial
Cireyit prosecuting for the State of Florida in Orange County, by and through the undersigned
Designated Assistant State Attorney, under oath, CHARGES that MICHAEL WESLEY KENNEDY, on
or about the Ist day of September, 2015, in said County and State, did, in violation of Florida Statute
379,303, Florida Statute 379.305, Florida Statute 379.4015(3), Florida Administrative Code 68A-
6,007(4), not provide safe, secure, and proper housing for a venomous reptife, to-wit: a King Cobra, in
cages or enclosures by constructing those cages or enclosures fom unauthorized materials, to-wit:
melamine particleboard, as defined in Florida Administrative Code 68A-6.007(4)(a),
us
we
Page 2 of3
oo0ce2
JS
ae
COUNT THREE
JEFFREY L. ASHTON, State Attomey of the Ninth Judicial Circuit prosecuting for the
State of Florida in Orange County, or JEFFREY L. ASHTON, State Attorney of the Ninth Judicial
Circuit prosecuting for the State of Florida in Orange County, by and through the undersigned
Designated Assistant State Attorney, under oath, CHARGES that MICHAEL WESLEY KENNEDY, on
or about the Ist day of September, 2015, in said County and State, did, in violation of Florida Statute
379,303, Florida Statute 379.305, Florida Statute 379.4015(3), Florida Administrative Code 68A~
6.0072(5), fail to, immediately upon discovery of escape, report the escape of a reptile not indiginous to
the State of Florida, to-wit: a King Cobra, to the Florida Fish and Wildlife Conservation Commission,
Division of Law Enforcement,
‘ation encor nypasses the transaction and al charges listed on Contplaint
Number 48-2015-MM-0O1I96-W. The Ormige County Sheriff's Office and the
‘Orange County Correstions Department shall substitute the churge(s) indicated on
the information for those on the above elted Gaeta ‘The bond(s) shail remain
the same 03 that lest set on 48-2025-MM-001196-
STATE OF FLORIDA
COUNTY OF ORANGE JEFFREY L. ASHTON, State Attorney
Ninth Judicial Circuit of Florida
Personal eared before me Seth Aaron Hi Asristant
Stats Attomey of the Ninth Judicial Circuil of Plorids, who boing first
duly swom, saya
INFORMATION
that the allegations set forth in the faregoing.
are based upon facts that have ben awom to as.
By a
‘tue, and which Iftros, would constitute the offeaso therein charged, Seth Aaron Hyman
ea
and that he/sho institutes this prosecution in good faith, Designated Assistant State Attorney
The going sknowled: before me Florida Bar No. 113315
this day by the
aforementioned Assintant State Attokiey who
personally’ to me and who did said oath,
SK/SH
Pete ae BY COMMASSION 4 FF sa0582
* EXPIRES: Novenb 90, 2019
“ee anced Tva Bago Netery Gees
Page 3 of 3
000003
it, »f
we a
f IN THE COUNTY COURT OF THE
NINTH JUDICIAL CIRCUIT, IN AND
FOR ORANGE COUNTY, FLORIDA
CRIMINAL JUSTICE DIVISION
STATE OF FLORIDA,
Plainciés,
CASE NUMBER: 48~2015~MM-Li96-A-W
6. vs.
DIVISION NUMBER: 82
MICHAZL WESLEY KENNEDY,
Defendant.
ig PROCEEDINGS
ib BEFORE
12 THE HONORABLE DEB S. BLECHMAN
13
14 In the Orange County Courthouse
Courtrdem 48
is Orlando, Florida 32801
March 8, 2046
16 April Boyd, CER
17
i8 APPEARANCE:
419 SETH. AARON RYMAN
Office of the State Attorney
20 415 North Orange Avenue
Building B
24 Orlando, Flox da 32801
on behalf of tate
22
23
Atte, .
24
25
Rinkh diudieial chrewit 000004
Curt Rep ing Services
PROCEEDINGS
{The following proceedings commenced on Tuesday
March 8, 2016, at 9:13 a.m.)
THE COURT: What are you here for, Mr. Hyman?
MR. HYMAN: Your Honor, Seth Hyman for the State.
I wanted to ask the Court for a written order in
2015-MM-1196-A-W, Michael Kennedy's case.
THE COURT: Did you get a disposition?
MR, HYMAN: I'm sorry, Your Honor? A written
10
for the motion to suppress that we had last --
ll order
12 THE COURT: You got a -~
13 MR. HYMAN; ~~ last week.
14 THE COURT: -- disposition. That's an order.
15 MR. HYMAN: We need a written order,
46 THE COURT: That's an order, sir.
17 MR. HYMAN: I was in --
THE COURT: The District Court of Appeal likes
18
orders with findings, but dispositions are
19 written
20 sufficient.
MR. HYMAN: It's my understanding that the Court
21
22 is --
HE COURT: Show me case law, Counsel.
23
24 MR. HYMAN: -- required to -~
THE COURT: Show me case law --
25
Ninth Judicial Cireuit 000005
Court Reporting Services
MR. HYMAN: -- write an order.
THE COURT: ~- saying that a disposition from the
court is not sufficient.
MR. HYMAN: I believe --
THE COURT: Go find it and --
MR. RYMAN: ~~ Mr. Karrick is pulling it up right
now,
THE COURT: ~- show it to me, and I'll look at
it. Okay? I need to start a trial,
10 MR. HYMAN: So is the Court saying that --
i THE COURT: I told you three times that a written
12 disposition --
13 MR. HYMAN: -~ the Court will not --
14 THE COURT: ~- is sufficient, and if you have any
15 legal authority that says it’s not, then you'll let me
16 know and I will absolutely read it.
17 MR. HYMAN: But at this time the Court is
18 refusing to --
19 THE COURT: How many times do you want me --
20 MR, RYMAN: -- issue a written order?
al THE COURT: -- to tell you the same thing?
22 MR, HYMAN: Okay.
23 Do you have the case law?
24 (Pause in proceedings.)
25 THE COURT: All right. I'm not going to hold up
Ninth Judicial Circuit
000006
Court Reporting Services
court for it right now.
MR. HYMAN: Of course not.
THE COURT: You have whatever time period is
appropriate for you to give me whatever legal
authority that you might find. Okay.
(These proceedings concluded at 9:15 a.m.)
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Ninth Judicial Cireuit 000007
Court Reporting Services
em,
CERTIFICATE
I, April Boyd, being a Digital Court Reporter of Ninth
Judicial Circuit as authorized by Rule 2.535(h) (3), Florida
Rules of Judicial Administration, and the Administrative
Order of the Ninth Judicial Circuit numbered 07-98-43,
certify that the foregoing transcription is true and
correct.
10 WITNESS my hand this 12th day of March,
in the City of Orlando, County of Orange, State
di 2016,
12 of Florida.
13
14
15 tt
16 April Boyd, CER
17
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Ninth Judicial Circuit 000008
Court Reporting Services
in the County Court of the:
Ninth Judicial Circuit, in and
for Orange County, Florida
Division: Ocoee. - CR
Case No: 2015-MM-001196-A-W
State of Florida,
Plaintiff,
v5.
MICHAEL WESLEY KENNEDY
Defendant.
Date of birth: 8214955
haraed with:
SETTING | RESET NOTICE
MICHAEL WESLEY KENNEDY was present
Counsel: NELSON TILDEN was present
Asst State Attorriey Present: Div 82
Plea:
Hearing Type Judge Date Lime Location
Status Hearing Blechman, ABI2016 10:00 AM Room 4-E-On
DebS The. 4th Floor
Orange County Courthouse: 425 N Orange Avenue, Orlando, FL 32801
Defense Motion to Suppress Admissions and Confessions is Granted.
Motion to Compel was withdrawn _
First Motion to Dismiss was withdrawn.
Court Minutes
DONE, ORDERED, AND FILE en Court
in Orange County, Flori 4, 2016.
Honorable Judge:
mart
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AG. a
be neta AREY
MICHAEL WESLEY KENNEDY
4858 N APOPKA VINELAND RD a
Page I of 2
000009
ORLANDO, FL, 32818
Deputy Clerk in Attendance:
Office of Tiffany M. Russell, Orange County Clerk of the Circuit and County Courts
Copies to: URETY IMR DEFT PROB
STATE PD CT DEPUTY
DOCKETS
Attorney
If you are a person with a disability who needs any accommodation in order
to participate in this proceeding, you are entitled, at no cost to you, to the
provision of certain assistance. Please contact the ADA Coordinator, Human
Resources, Orange County Courthouse, 425 N, Orange Avenue, Suite $10,
Orlando, Florida, (407) 836-2303, at least 7 days before your scheduled court
appearance, or immediately upon receiving this notification if the time before
the scheduled appearance is less than 7 days; if you are hearing or voice
impaired, call 711.
Page2 of2
900010
MIE EU OT HRI ONO OGRE CLG GE UTR UME RNY We
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IN THE COUNTY COURT GF THE NINTH
JUDICIAL CIRCUIT, IN AND FOR ORANGE
COUNTY, FLORIDA
STATE OF FLORIDA CASE NO; 48-201 5-MM-001196-
Plaintiff,
DIVISION: 82
vs.
MICHAEL WESLEY KENNEDY
Defendant.
oe
Order on Defense’s Motion to Suppress Confessions, Statements and Admissions
THIS CAUSE-coming on to be heard on Friday, Mareh 4, 2016, upon the Defense's
Motion.to Suppress Confessions, Statements and Admissions and the Court having been duly
advised in the premises, it is hereby,
ORDERED AND ADJUDGED that thi eCourtheving.cansi
f BOREL, madres is
SUP eet See 1 Hota oy RB fa. te Weekly Sug p06 |:
Aut the State d ithe Detenss aaa eps and th
We. dis SIA SOS, a SOS 2 Fels Fr “Owe Mat“nl: oA
g cord its $e Ns;
cf pact without Sehessling Ouse yerhreuiag & Neodeny,
DONE AND ORDERED in Chambers at Orlando, Orange County, Florida, this 70 day
of _ Moet... 2016
Deb Blechmat
COUNTY COURT JUDGE
IHEREBY CERTIFY that a true and cortect copy ofthe foregoing has been furnished by
U.S. Mail t Nelson Fleetwood Tilden, finftlaw@embarqmail.com, 147 East Lyman Avemis,
Suite C, Winter Park, FL, 32789-7015 by e-mail, and Seth Aaron Hyman, Assistant’ State
Attorney, Tear A, PO Box 1673, 415 N Orange Ave, Orlando, FL 32802-1673, this (0 day
of Roel 20.
8
a aan cial Assis
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Ba 000011
OHIUIZU 10 2,00 PM MILEY IV YPPIVe HIPPANT iv, RUSSELL ULERN Ur UIRLUL) UUURT URAINGE UU FL
MAURICE HOWARD, Appellant, v. STATE OF FLORIDA, Appellee. Circuit Court, 17... Page 1 of 2
+ x
e '
13 Fla, L. Weekly Supp. 1064e
Criminal law -- Search and seizure ~Appeals ~ Written notation “Defense Motion to Suppress
Denied” on disposition order suffices as appealable “rendered” order -- No merit to claim that
there was no reservation of right to appeal where transcript reveals trial court was clear ia
assuring that matter could be appealed, and issue was dispositive — Vehicle stop -- Probable
cause ~ Traffic infraction -- Stop of defendant based solely on deputy's observation of left turn
into far righthand lane was groundless where statute docs not require turning vehicle to take
particular lane or prohibit it from taking outside lane ~ Error to deny motion to suppress
MAURICE HOWARD, Appellant, v. STATE OF FLORIDA, Appellee. Circuit Court, 17th Judicial
Circuit (Appellate) in and for Broward County, Case No, 05-1ACI0A. L.T. Case No. 03-
30055MMI1OA. July 24, 2006. Counsel: Joseph R. Chloupek, Assistant Public Defender, for
Appellant. James P. McLane, Assistant State Attomey, for Appellee,
OPINION
(MICHAEL L. GATES, J.) THIS MATTER comes before the Court, sitting in its appellate capacity, &
on the Appellant's timely appeal of his conviction for Driving Under the Influence, having pled No
Contest reserving the right to appeal the denial of his Motion to Suppress.
Initially Appellee questions the jurisdiction of this Court to entertain any appeal. Citing Billie vi State,
473 So, 2d 34 (Fla, 2d DCA 1985), they argue that there is no written order which was rendered, and
that only a ‘rendered’ order may be appealed. While that may be so, this Court finds that the written
notation “Defense Motion to Suppress Denied” on the Disposition Order, signed by the trial court,
will suffice. Secondly, Appellee argues that there was no reservation of the right to appeal on any
specific point of law. This Court has reviewed the transcript and finds the lower court was veryclear
in assuring thet this matter could be appealed and that the issue was dispositive,
Appellant maintains that there was no probable cause to stop him based on the observations testified
to by the deputy. The deputy was traveling behind the Appellant, who was in the left tum lane. When
the left tum arrow came on, the Appellant turned left and pulled into the far right hand lane of travel.
‘The deputy then pulled him over. The deputy very specifically said that the tum was the only reason
he stopped Appellant.
On appeal, as in the lower court, the Appellant complains that there was no traffic violation and
therefore no reason to stop the Appellant- Appellant was cited for a violation of Section 316.151(1)
(b), Florida Statutes, for his action in tuning into the far right lane. Appellant argues that F.S.
316,151(1)(b) only requires, by its language, “after entering the intersection, the left turn shall be
made so as to leave the intersection in a lane lawfully available to traffic moving in such direction
upon the roadway being entered.” Therefore, Appellant argues that he was entitled to any laneof
travel and committed no violation when he chose the far right one.
‘This Court is inclined to agree with Appellant. Nowhere does F.S. 316.151(1)(b) require the turning
vehicle to take a particular lane, and nowhere does it prohibit the vehicle from taking the outside lane.
Accordingly, the stop of Appellant based solely on the deputy's observation of his left turn, was
without grounds and'must therefore be suppressed. As this matter was deemed to be dispositive, it is,
therefore
\ http: /wwwwfloridalawweeldy.com/flwonline/?page=showfileéefromsearch=t &file=. /supfil.. RAC Z016
SIU20 10 0.90 PE ILE JIN UP lG HIP TAN EM, RUGOELE ULENK Ur UIRVUT! GUURT URANO UU CL
MAURICE HOWARD, Appellant, v. STATE OF FLORIDA, Appellee, Circuit Court, 17... Page 2 of 2
’ ‘.
ORDERED AND ADJUDGED that the Order of Suppression is hereby REVERSED, and the
Appellant's convictions and sentence are VACATED.
ee
\ http://www. floridalawweekly.com/flwonline/?page=showfileécfromsearch=1 éfile=./supfil... OPA Kbt6
COPY SCANNED
IN THE COUNTY COURT OF THE
NINTH JUDICIAL CIRCUIT, IN AND
FOR ORANGE COUNTY, FLORIDA
CRIMINAL JUSTICE DIVISION
STATE OF FLORIDA,
Plaintiff,
CASE NUMBER: 48-2015-MM-1196-A-W
ws,
DIVISION NUMBER: 82
MICHAEL WESLEY KENNEDY,
Defendant./
10 DEFENSE'S MOTION TO SUPPRESS CONFESSIONS, STATEMENTS AND
al ADMISSIONS
12 BEFORE
13 THE HONORABLE DEB S,. BLECHMAN
14
15 In the Orange County Courthouse
Courtroom 4E
16 Orlando, Florida 32801
March 4, 2016
17 Eve Russ, CER, CET
18 APPEARANCES:
19 SETH AARON HYMAN
Office of the State Attorney
20 415 North Orange Avenue
Building B.
2i Orlando, Florida 32801
On behalf of the State
22
NELSON FLEETWOOD TILDEN
23 Tilden Law
147 Bast Lynman Avenue
24 Suite C
Winter Park, Florida 32789
iS
25 On behalf of the Defendant
Court Reporting Services
wm pe
407-836-2270
.
INDEX
TESTIMONY OF RICHARD BROWN
Direct Examination by Mr. Hyman 21
Court’s Inquiry 39
Direct Examination Cont'g by Mr. Hyman 41
Cross-Examination by Mr. Tilden 54
Redirect Examination by Mr. Hyman 71
Court's Inquiry 76
LEGAL ARGUMENT BY MR. TILDEN 82
LEGAL ARGUMENT BY MR. HYMAN 84
RULING 89
CERTIFICATE OF REPORTER 96
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- “ -
PROC E EDINGS
(The following proceedings commenced on Friday,
March 4, 2016, at 2:37 p.m.)
MR. TILDEN: The next we have is the motions that I
filed on Mr. Kennedy. He is present, Judge. If I can
go get him?
THE COURT: Okay.
(Pause in proceedings.)
10 MR. TILDEN: Judge,I had filed -- I think there's
11 Probably some things that we need to address prior to
12 the motions starting.
13 The State has filed a ~~ Mr. Kennedy, come on up --
14 has filed a second amended information. I think they
15 were trying to address what I perceive to be
16 deficiencies in the charging document, which is what
17 prompted me to file a motion to dismiss.
18 THE COURT: Good afternoon, Mr. Kennedy.
19 THE DEFENDANT: Good afternoon.
20 MR, TILDEN: Have a seat. Go ahead and have a
21 seat, please.
22 So I don't know that my motion to dismiss any
23 longer pertains to an information, which has now been
24 superseded by the filing of a new information.
25 THE COURT: Are you withdrawing it?
Court Reporting Services
407-836-2270
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MR. TILDEN: I think I have to.
THE COURT: Okay. So the motion to dismiss is
withdrawn.
And that's the first motion to dismiss that was
filed?
MR. TILDEN: Yes,
THE COURT: But you have the second one in regard
to Rule 3.190(b) or not?
MR, TILDEN: No. I had -- I think I had two
10 motions to suppress, one motion to dismiss, one motion
ql to compel,
12 (Pause in proceedings.)
13 Yes? No?
14 MR. HYMAN: I -- I believe that's correct.
15 THE COURT: Well, I just printed these two, so
16 maybe you could look at them.
1? MR. TILDEN: Okay.
18 THE COURT: Well, maybe I printed --
19 MR. TILDEN: Maybe the same thing?
20 THE COURT: Maybe I did. Okay.
21 MR. HYMAN: It's ++ it's difficult when the notice
22 just says all pending motions.
23 MR, TILDEN: Well -- yeah.
24 THE COURT: Okay. What do you want to start with
25 then?
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MR. TILDEN: Let's see here.
(Pause in proceedings.)
Judge, I guess just the regular motion to dismiss
And I'd would ask the Court, take judicial notice
there's no warrants in the file,
THE COURT: The regular motion to dismiss.
MR. HYMAN: I'm -- I'm sorry. Are we -~ are we
going forward on the -~ not the corpus motion to
suppress, but the --
10 MR. TILDEN: Yes.
1i MR. HYMAN: -- the motion to suppress --
12 MR. TILDEN: It's the first one.
13 MR. HYMAN; ~~ the -~
14 MR. TILDEN: The admissions, statements --
15 MR, RYMAN: -~ search?
16 MR. TILDEN: ~- confessions, search,
17 UR. HYMAN: Search; yeah. Okay.
18 MR TILDEN: It -- it might -~ it'll have to be
19 addressed anyway, but I filed a motion, Judge, to
20 compel. And I've not talked to the State. They may be
21 able to provide me the information. They listed down
22 that there are statements from an expert witness.
23 Did you put that down in error, or was that
24 something that you have?
25 THE COURT: Okay. You want to start with a motion
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to compel?
MR. TILDEN: I think that's probably wise, Judge.
THE COURT: All right.
MR, TILDEN: Here's ~~
MR. HYMAN: Oh. I -- that may ~~ I -- I believe
that -- that I checked yes on that because of the
reports from FWC and the inspector as ~-
MR. TILDEN: As an expert.
MR. HYMAN: ~~ experts in wildlife -- fish and
10 wildlife.
ll MR. TILDEN I think -- I -- an expert in fish and
12 wildlife.
13 MR. HYMAN: Oh, I was just -- I was just -- I was
14 just -- it's set in the wide umbrella, but I don't -- I
15 don't have a particular -- that -- if you want to
16 consider that, no <-
17 MR. TILDEN: Okay.
18 MR HYMAN: -~ I don't have a particular expert --
13 MR. TILDEN: Okay.
20 MR. HYMAN: -- other than who's been disclosed.
21 MR TILDEN: We'll say no, no experts. Okay.
22 THE COURT: Does that resolve the motion to compel?
23 MR, TILDEN: I think that resolves that one, Judge.
24 THE COURT: Okay. So the motion to dismiss has
25 been withdrawn, The motion to compel was resolved by
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stipulation that no experts will be called by the State
in regard to wildlife --
MR. TILDEN: Fish --
THE COURT: Well, there are a lot of potential
issues,
Does this mean you're not going to call somebody
from the department to talk about what's allowed under
the codes?
MR. HYMAN: Oh, I'm absolutely going to call
10 someone under the department. T just don't believe that
11 I'm going to call anyone that's going to testify to
12 scientific expert testimony.
13 THE COURT: Or how about an opinion about <-- about
14 the applicability of the codes and what is required?
15 MR. RYMAN: The -- the fish and wildlife law
16 enforcement officer will be available to testify just
17 like any other law enforcement officer, based on his
18 training and experience as -- as to how he enforces the
19 code and statutes.
20 THE COURT: And youfre not proposing that that is
22 expert testimony?
22 MR. HYMAN: No. That's -~ that's lay -- lay
23 testimony just -- just like a -- a deputy sheriff or
24 someone who -- a -~ a breath tech or, you know, any -~
25 anything like that.
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MR. TILDEN: Might make for a short trial.
THE COURT: Well, let's just get to the bottom line
of it,
Does the Defense -- might I hear from the Defense's
response that they think that it's opinion testimony and
it would require expert witness.
MR. TILDEN: I believe so, Which --
THE couRT: Is it technical to the extent that the
jury would need it in order to understand the regulatory
10 process?
il MR, TILDEN: If you read the way that these rules
12 have been constructed, it would take quite some time to
13 unwind them. I scratched my head reading some
Preview
Filing #42737367 E-Filed 06/14/2016 04:14:37 PM IN THE CIRCUIT COURT OF THE NINTH JUDICIAL CIRCUIT STATE OF FLORIDA STATE OF FLORIDA, Petitioner, APPEAL NO. 2016-CA-2323-O v LOWER CASE NO. 2015-MM-1196-W MICHAEL WESLEY KENNEDY Defendant. / AMENDED APPENDIX TO AMENDED PETITION FOR WRIT OF MANDAMUS OR OTHER EXTRAORDINARY RELIEF JEFFREY L. ASHTON STATE ATTORNEY NINTH JUDICIAL CIRCUIT DANIEL J. QUINN Assistant State Attorney Florida Bar No. 122435 Post Office Box 1673 Orlando, Florida 32802 Telephone: (407) 836-2406 PCF@sa09.org COUNSEL FOR PETITIONER TABLE OF CONTENTS DATE DOCUMENT PAGES 2/26/2016 Amended Information 1-3 3/8/2016 Transcript of March 8, 2016 Hearing 4-8 3/4/2016 Disposition Order dated 3/4/2016 9-10 3/10/2016 Order on Defense’s Motion to Suppress 11-13 Confessions, Statements and Admissions 3/4/2016 Transcript of March 4, 2016 Hearing on 14-110 Defendant's Motion to Suppress Confessions, Statements and Admissions CERTIFICATION {| HEREBY CERTIFY that a true and correct copy of the foregoing has been furnished to the Honorable Judge Deb Blechman, 425 North Orange Avenue, Orlando, FL 32801, and N. Fleetwood Tilden, Esq., 147 East Lyman Avenue, Suite C, Winter Park, FL 32789: finftlaw@embarqmail.com on this 14" day of June, 2016. () if T22 Daniel J. Quinn Assistant State Attorney Florida Bar #122435 Filing # 38334677 E-Filed 02/26/2016 02:37:18 PM IN ‘THE COUNTY COURT OF ORANGE COUNTY, STATE OF FLORIDA AMENDED THE STATE OF FLORIDA INFORMATION # 48-2015-MM-001196-W VS. DIVISION - 82 MICHAEL WESLEY KENNEDY 1, CONSERVATION-ANIMALS-VIOL FWC RULE OR ORDER RE CAPTIVE WILDLIFE Q2) 2. CONSERVATION-ANIMALS-VIOL FWC RULE OR ORDER RE CAPT TVE WILDLIFE ~~ (NE) 3. CONSERVATION-ANIMALS-VIOL FWC RULE OR ORDER RE CAPTIVE WILDLIFE ™)) IN THE NAME AND BY THE AUTHORITY OF THE STATE OF FLORIDA: JEFFREY L, ASHTON, State Attorney of the Ninth Judicial Circuit'prosecuting for the State of Florida in Orange County, or JEFFREY L, ASHTON, State Attorney of the Ninth Judicial Circuit prosecuting for the State of Florida in Orange County, by and through the undersigned Designated Assistant State Attorney, under oath, CHARGES that MICHAEL WESLEY KENNEDY, on or about the Ist day of September, 2015, in said County and State, did, in violation of Florida Statute 379.303, Florida Statute 379.305, Florida Statute 379.4015(2), Florida Administrative Code 68A- 6.0023(1), and Florida Administrative Code 68A-6.0023(4), maintain captive wildlife, to-wit: a venomous King Cobra, in @ manner and condition whichresulted in escape from its enclosure, cage, or ‘ other constraint, constituting a threat to public safety, Page 1 of 3 000001 COUNT TWO. JEFFREY L. ASHTON, State Attorney of the Ninth Judicial Circuit prosecuting for the State of Florida in Orange County, or JEFFREY L. ASHTON, State Attorney of the Ninth Judicial Cireyit prosecuting for the State of Florida in Orange County, by and through the undersigned Designated Assistant State Attorney, under oath, CHARGES that MICHAEL WESLEY KENNEDY, on or about the Ist day of September, 2015, in said County and State, did, in violation of Florida Statute 379,303, Florida Statute 379.305, Florida Statute 379.4015(3), Florida Administrative Code 68A- 6,007(4), not provide safe, secure, and proper housing for a venomous reptife, to-wit: a King Cobra, in cages or enclosures by constructing those cages or enclosures fom unauthorized materials, to-wit: melamine particleboard, as defined in Florida Administrative Code 68A-6.007(4)(a), us we Page 2 of3 oo0ce2 JS ae COUNT THREE JEFFREY L. ASHTON, State Attomey of the Ninth Judicial Circuit prosecuting for the State of Florida in Orange County, or JEFFREY L. ASHTON, State Attorney of the Ninth Judicial Circuit prosecuting for the State of Florida in Orange County, by and through the undersigned Designated Assistant State Attorney, under oath, CHARGES that MICHAEL WESLEY KENNEDY, on or about the Ist day of September, 2015, in said County and State, did, in violation of Florida Statute 379,303, Florida Statute 379.305, Florida Statute 379.4015(3), Florida Administrative Code 68A~ 6.0072(5), fail to, immediately upon discovery of escape, report the escape of a reptile not indiginous to the State of Florida, to-wit: a King Cobra, to the Florida Fish and Wildlife Conservation Commission, Division of Law Enforcement, ‘ation encor nypasses the transaction and al charges listed on Contplaint Number 48-2015-MM-0O1I96-W. The Ormige County Sheriff's Office and the ‘Orange County Correstions Department shall substitute the churge(s) indicated on the information for those on the above elted Gaeta ‘The bond(s) shail remain the same 03 that lest set on 48-2025-MM-001196- STATE OF FLORIDA COUNTY OF ORANGE JEFFREY L. ASHTON, State Attorney Ninth Judicial Circuit of Florida Personal eared before me Seth Aaron Hi Asristant Stats Attomey of the Ninth Judicial Circuil of Plorids, who boing first duly swom, saya INFORMATION that the allegations set forth in the faregoing. are based upon facts that have ben awom to as. By a ‘tue, and which Iftros, would constitute the offeaso therein charged, Seth Aaron Hyman ea and that he/sho institutes this prosecution in good faith, Designated Assistant State Attorney The going sknowled: before me Florida Bar No. 113315 this day by the aforementioned Assintant State Attokiey who personally’ to me and who did said oath, SK/SH Pete ae BY COMMASSION 4 FF sa0582 * EXPIRES: Novenb 90, 2019 “ee anced Tva Bago Netery Gees Page 3 of 3 000003 it, »f we a f IN THE COUNTY COURT OF THE NINTH JUDICIAL CIRCUIT, IN AND FOR ORANGE COUNTY, FLORIDA CRIMINAL JUSTICE DIVISION STATE OF FLORIDA, Plainciés, CASE NUMBER: 48~2015~MM-Li96-A-W 6. vs. DIVISION NUMBER: 82 MICHAZL WESLEY KENNEDY, Defendant. ig PROCEEDINGS ib BEFORE 12 THE HONORABLE DEB S. BLECHMAN 13 14 In the Orange County Courthouse Courtrdem 48 is Orlando, Florida 32801 March 8, 2046 16 April Boyd, CER 17 i8 APPEARANCE: 419 SETH. AARON RYMAN Office of the State Attorney 20 415 North Orange Avenue Building B 24 Orlando, Flox da 32801 on behalf of tate 22 23 Atte, . 24 25 Rinkh diudieial chrewit 000004 Curt Rep ing Services PROCEEDINGS {The following proceedings commenced on Tuesday March 8, 2016, at 9:13 a.m.) THE COURT: What are you here for, Mr. Hyman? MR. HYMAN: Your Honor, Seth Hyman for the State. I wanted to ask the Court for a written order in 2015-MM-1196-A-W, Michael Kennedy's case. THE COURT: Did you get a disposition? MR, HYMAN: I'm sorry, Your Honor? A written 10 for the motion to suppress that we had last -- ll order 12 THE COURT: You got a -~ 13 MR. HYMAN; ~~ last week. 14 THE COURT: -- disposition. That's an order. 15 MR. HYMAN: We need a written order, 46 THE COURT: That's an order, sir. 17 MR. HYMAN: I was in -- THE COURT: The District Court of Appeal likes 18 orders with findings, but dispositions are 19 written 20 sufficient. MR. HYMAN: It's my understanding that the Court 21 22 is -- HE COURT: Show me case law, Counsel. 23 24 MR. HYMAN: -- required to -~ THE COURT: Show me case law -- 25 Ninth Judicial Cireuit 000005 Court Reporting Services MR. HYMAN: -- write an order. THE COURT: ~- saying that a disposition from the court is not sufficient. MR. HYMAN: I believe -- THE COURT: Go find it and -- MR. RYMAN: ~~ Mr. Karrick is pulling it up right now, THE COURT: ~- show it to me, and I'll look at it. Okay? I need to start a trial, 10 MR. HYMAN: So is the Court saying that -- i THE COURT: I told you three times that a written 12 disposition -- 13 MR. HYMAN: -~ the Court will not -- 14 THE COURT: ~- is sufficient, and if you have any 15 legal authority that says it’s not, then you'll let me 16 know and I will absolutely read it. 17 MR. HYMAN: But at this time the Court is 18 refusing to -- 19 THE COURT: How many times do you want me -- 20 MR, RYMAN: -- issue a written order? al THE COURT: -- to tell you the same thing? 22 MR, HYMAN: Okay. 23 Do you have the case law? 24 (Pause in proceedings.) 25 THE COURT: All right. I'm not going to hold up Ninth Judicial Circuit 000006 Court Reporting Services court for it right now. MR. HYMAN: Of course not. THE COURT: You have whatever time period is appropriate for you to give me whatever legal authority that you might find. Okay. (These proceedings concluded at 9:15 a.m.) 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 Ninth Judicial Cireuit 000007 Court Reporting Services em, CERTIFICATE I, April Boyd, being a Digital Court Reporter of Ninth Judicial Circuit as authorized by Rule 2.535(h) (3), Florida Rules of Judicial Administration, and the Administrative Order of the Ninth Judicial Circuit numbered 07-98-43, certify that the foregoing transcription is true and correct. 10 WITNESS my hand this 12th day of March, in the City of Orlando, County of Orange, State di 2016, 12 of Florida. 13 14 15 tt 16 April Boyd, CER 17 18 19 20 21 22 23 24 25 Ninth Judicial Circuit 000008 Court Reporting Services in the County Court of the: Ninth Judicial Circuit, in and for Orange County, Florida Division: Ocoee. - CR Case No: 2015-MM-001196-A-W State of Florida, Plaintiff, v5. MICHAEL WESLEY KENNEDY Defendant. Date of birth: 8214955 haraed with: SETTING | RESET NOTICE MICHAEL WESLEY KENNEDY was present Counsel: NELSON TILDEN was present Asst State Attorriey Present: Div 82 Plea: Hearing Type Judge Date Lime Location Status Hearing Blechman, ABI2016 10:00 AM Room 4-E-On DebS The. 4th Floor Orange County Courthouse: 425 N Orange Avenue, Orlando, FL 32801 Defense Motion to Suppress Admissions and Confessions is Granted. Motion to Compel was withdrawn _ First Motion to Dismiss was withdrawn. Court Minutes DONE, ORDERED, AND FILE en Court in Orange County, Flori 4, 2016. Honorable Judge: mart # Xx een, df a By ig J AG. a be neta AREY MICHAEL WESLEY KENNEDY 4858 N APOPKA VINELAND RD a Page I of 2 000009 ORLANDO, FL, 32818 Deputy Clerk in Attendance: Office of Tiffany M. Russell, Orange County Clerk of the Circuit and County Courts Copies to: URETY IMR DEFT PROB STATE PD CT DEPUTY DOCKETS Attorney If you are a person with a disability who needs any accommodation in order to participate in this proceeding, you are entitled, at no cost to you, to the provision of certain assistance. Please contact the ADA Coordinator, Human Resources, Orange County Courthouse, 425 N, Orange Avenue, Suite $10, Orlando, Florida, (407) 836-2303, at least 7 days before your scheduled court appearance, or immediately upon receiving this notification if the time before the scheduled appearance is less than 7 days; if you are hearing or voice impaired, call 711. Page2 of2 900010 MIE EU OT HRI ONO OGRE CLG GE UTR UME RNY We : ¢ B IN THE COUNTY COURT GF THE NINTH JUDICIAL CIRCUIT, IN AND FOR ORANGE COUNTY, FLORIDA STATE OF FLORIDA CASE NO; 48-201 5-MM-001196- Plaintiff, DIVISION: 82 vs. MICHAEL WESLEY KENNEDY Defendant. oe Order on Defense’s Motion to Suppress Confessions, Statements and Admissions THIS CAUSE-coming on to be heard on Friday, Mareh 4, 2016, upon the Defense's Motion.to Suppress Confessions, Statements and Admissions and the Court having been duly advised in the premises, it is hereby, ORDERED AND ADJUDGED that thi eCourtheving.cansi f BOREL, madres is SUP eet See 1 Hota oy RB fa. te Weekly Sug p06 |: Aut the State d ithe Detenss aaa eps and th We. dis SIA SOS, a SOS 2 Fels Fr “Owe Mat“nl: oA g cord its $e Ns; cf pact without Sehessling Ouse yerhreuiag & Neodeny, DONE AND ORDERED in Chambers at Orlando, Orange County, Florida, this 70 day of _ Moet... 2016 Deb Blechmat COUNTY COURT JUDGE IHEREBY CERTIFY that a true and cortect copy ofthe foregoing has been furnished by U.S. Mail t Nelson Fleetwood Tilden, finftlaw@embarqmail.com, 147 East Lyman Avemis, Suite C, Winter Park, FL, 32789-7015 by e-mail, and Seth Aaron Hyman, Assistant’ State Attorney, Tear A, PO Box 1673, 415 N Orange Ave, Orlando, FL 32802-1673, this (0 day of Roel 20. 8 a aan cial Assis se wid Ba 000011 OHIUIZU 10 2,00 PM MILEY IV YPPIVe HIPPANT iv, RUSSELL ULERN Ur UIRLUL) UUURT URAINGE UU FL MAURICE HOWARD, Appellant, v. STATE OF FLORIDA, Appellee. Circuit Court, 17... Page 1 of 2 + x e ' 13 Fla, L. Weekly Supp. 1064e Criminal law -- Search and seizure ~Appeals ~ Written notation “Defense Motion to Suppress Denied” on disposition order suffices as appealable “rendered” order -- No merit to claim that there was no reservation of right to appeal where transcript reveals trial court was clear ia assuring that matter could be appealed, and issue was dispositive — Vehicle stop -- Probable cause ~ Traffic infraction -- Stop of defendant based solely on deputy's observation of left turn into far righthand lane was groundless where statute docs not require turning vehicle to take particular lane or prohibit it from taking outside lane ~ Error to deny motion to suppress MAURICE HOWARD, Appellant, v. STATE OF FLORIDA, Appellee. Circuit Court, 17th Judicial Circuit (Appellate) in and for Broward County, Case No, 05-1ACI0A. L.T. Case No. 03- 30055MMI1OA. July 24, 2006. Counsel: Joseph R. Chloupek, Assistant Public Defender, for Appellant. James P. McLane, Assistant State Attomey, for Appellee, OPINION (MICHAEL L. GATES, J.) THIS MATTER comes before the Court, sitting in its appellate capacity, & on the Appellant's timely appeal of his conviction for Driving Under the Influence, having pled No Contest reserving the right to appeal the denial of his Motion to Suppress. Initially Appellee questions the jurisdiction of this Court to entertain any appeal. Citing Billie vi State, 473 So, 2d 34 (Fla, 2d DCA 1985), they argue that there is no written order which was rendered, and that only a ‘rendered’ order may be appealed. While that may be so, this Court finds that the written notation “Defense Motion to Suppress Denied” on the Disposition Order, signed by the trial court, will suffice. Secondly, Appellee argues that there was no reservation of the right to appeal on any specific point of law. This Court has reviewed the transcript and finds the lower court was veryclear in assuring thet this matter could be appealed and that the issue was dispositive, Appellant maintains that there was no probable cause to stop him based on the observations testified to by the deputy. The deputy was traveling behind the Appellant, who was in the left tum lane. When the left tum arrow came on, the Appellant turned left and pulled into the far right hand lane of travel. ‘The deputy then pulled him over. The deputy very specifically said that the tum was the only reason he stopped Appellant. On appeal, as in the lower court, the Appellant complains that there was no traffic violation and therefore no reason to stop the Appellant- Appellant was cited for a violation of Section 316.151(1) (b), Florida Statutes, for his action in tuning into the far right lane. Appellant argues that F.S. 316,151(1)(b) only requires, by its language, “after entering the intersection, the left turn shall be made so as to leave the intersection in a lane lawfully available to traffic moving in such direction upon the roadway being entered.” Therefore, Appellant argues that he was entitled to any laneof travel and committed no violation when he chose the far right one. ‘This Court is inclined to agree with Appellant. Nowhere does F.S. 316.151(1)(b) require the turning vehicle to take a particular lane, and nowhere does it prohibit the vehicle from taking the outside lane. Accordingly, the stop of Appellant based solely on the deputy's observation of his left turn, was without grounds and'must therefore be suppressed. As this matter was deemed to be dispositive, it is, therefore \ http: /wwwwfloridalawweeldy.com/flwonline/?page=showfileéefromsearch=t &file=. /supfil.. RAC Z016 SIU20 10 0.90 PE ILE JIN UP lG HIP TAN EM, RUGOELE ULENK Ur UIRVUT! GUURT URANO UU CL MAURICE HOWARD, Appellant, v. STATE OF FLORIDA, Appellee, Circuit Court, 17... Page 2 of 2 ’ ‘. ORDERED AND ADJUDGED that the Order of Suppression is hereby REVERSED, and the Appellant's convictions and sentence are VACATED. ee \ http://www. floridalawweekly.com/flwonline/?page=showfileécfromsearch=1 éfile=./supfil... OPA Kbt6 COPY SCANNED IN THE COUNTY COURT OF THE NINTH JUDICIAL CIRCUIT, IN AND FOR ORANGE COUNTY, FLORIDA CRIMINAL JUSTICE DIVISION STATE OF FLORIDA, Plaintiff, CASE NUMBER: 48-2015-MM-1196-A-W ws, DIVISION NUMBER: 82 MICHAEL WESLEY KENNEDY, Defendant./ 10 DEFENSE'S MOTION TO SUPPRESS CONFESSIONS, STATEMENTS AND al ADMISSIONS 12 BEFORE 13 THE HONORABLE DEB S,. BLECHMAN 14 15 In the Orange County Courthouse Courtroom 4E 16 Orlando, Florida 32801 March 4, 2016 17 Eve Russ, CER, CET 18 APPEARANCES: 19 SETH AARON HYMAN Office of the State Attorney 20 415 North Orange Avenue Building B. 2i Orlando, Florida 32801 On behalf of the State 22 NELSON FLEETWOOD TILDEN 23 Tilden Law 147 Bast Lynman Avenue 24 Suite C Winter Park, Florida 32789 iS 25 On behalf of the Defendant Court Reporting Services wm pe 407-836-2270 . INDEX TESTIMONY OF RICHARD BROWN Direct Examination by Mr. Hyman 21 Court’s Inquiry 39 Direct Examination Cont'g by Mr. Hyman 41 Cross-Examination by Mr. Tilden 54 Redirect Examination by Mr. Hyman 71 Court's Inquiry 76 LEGAL ARGUMENT BY MR. TILDEN 82 LEGAL ARGUMENT BY MR. HYMAN 84 RULING 89 CERTIFICATE OF REPORTER 96 10 ii 12 13 14 15 16 17 18 19 20 21 22 23 24 25 Court Reporting Services 407-836-2270 000015 - “ - PROC E EDINGS (The following proceedings commenced on Friday, March 4, 2016, at 2:37 p.m.) MR. TILDEN: The next we have is the motions that I filed on Mr. Kennedy. He is present, Judge. If I can go get him? THE COURT: Okay. (Pause in proceedings.) 10 MR. TILDEN: Judge,I had filed -- I think there's 11 Probably some things that we need to address prior to 12 the motions starting. 13 The State has filed a ~~ Mr. Kennedy, come on up -- 14 has filed a second amended information. I think they 15 were trying to address what I perceive to be 16 deficiencies in the charging document, which is what 17 prompted me to file a motion to dismiss. 18 THE COURT: Good afternoon, Mr. Kennedy. 19 THE DEFENDANT: Good afternoon. 20 MR, TILDEN: Have a seat. Go ahead and have a 21 seat, please. 22 So I don't know that my motion to dismiss any 23 longer pertains to an information, which has now been 24 superseded by the filing of a new information. 25 THE COURT: Are you withdrawing it? Court Reporting Services 407-836-2270 000016 MR. TILDEN: I think I have to. THE COURT: Okay. So the motion to dismiss is withdrawn. And that's the first motion to dismiss that was filed? MR. TILDEN: Yes, THE COURT: But you have the second one in regard to Rule 3.190(b) or not? MR, TILDEN: No. I had -- I think I had two 10 motions to suppress, one motion to dismiss, one motion ql to compel, 12 (Pause in proceedings.) 13 Yes? No? 14 MR. HYMAN: I -- I believe that's correct. 15 THE COURT: Well, I just printed these two, so 16 maybe you could look at them. 1? MR. TILDEN: Okay. 18 THE COURT: Well, maybe I printed -- 19 MR. TILDEN: Maybe the same thing? 20 THE COURT: Maybe I did. Okay. 21 MR. HYMAN: It's ++ it's difficult when the notice 22 just says all pending motions. 23 MR, TILDEN: Well -- yeah. 24 THE COURT: Okay. What do you want to start with 25 then? Court Reporting Services 407-836-2270 000017 MR. TILDEN: Let's see here. (Pause in proceedings.) Judge, I guess just the regular motion to dismiss And I'd would ask the Court, take judicial notice there's no warrants in the file, THE COURT: The regular motion to dismiss. MR. HYMAN: I'm -- I'm sorry. Are we -~ are we going forward on the -~ not the corpus motion to suppress, but the -- 10 MR. TILDEN: Yes. 1i MR. HYMAN: -- the motion to suppress -- 12 MR. TILDEN: It's the first one. 13 MR. HYMAN; ~~ the -~ 14 MR. TILDEN: The admissions, statements -- 15 MR, RYMAN: -~ search? 16 MR. TILDEN: ~- confessions, search, 17 UR. HYMAN: Search; yeah. Okay. 18 MR TILDEN: It -- it might -~ it'll have to be 19 addressed anyway, but I filed a motion, Judge, to 20 compel. And I've not talked to the State. They may be 21 able to provide me the information. They listed down 22 that there are statements from an expert witness. 23 Did you put that down in error, or was that 24 something that you have? 25 THE COURT: Okay. You want to start with a motion Court Reporting Services 407-836-2270 000018 to compel? MR. TILDEN: I think that's probably wise, Judge. THE COURT: All right. MR, TILDEN: Here's ~~ MR. HYMAN: Oh. I -- that may ~~ I -- I believe that -- that I checked yes on that because of the reports from FWC and the inspector as ~- MR. TILDEN: As an expert. MR. HYMAN: ~~ experts in wildlife -- fish and 10 wildlife. ll MR. TILDEN I think -- I -- an expert in fish and 12 wildlife. 13 MR. HYMAN: Oh, I was just -- I was just -- I was 14 just -- it's set in the wide umbrella, but I don't -- I 15 don't have a particular -- that -- if you want to 16 consider that, no <- 17 MR. TILDEN: Okay. 18 MR HYMAN: -~ I don't have a particular expert -- 13 MR. TILDEN: Okay. 20 MR. HYMAN: -- other than who's been disclosed. 21 MR TILDEN: We'll say no, no experts. Okay. 22 THE COURT: Does that resolve the motion to compel? 23 MR, TILDEN: I think that resolves that one, Judge. 24 THE COURT: Okay. So the motion to dismiss has 25 been withdrawn, The motion to compel was resolved by Court Reporting Services 407-836-2270 000019 stipulation that no experts will be called by the State in regard to wildlife -- MR. TILDEN: Fish -- THE COURT: Well, there are a lot of potential issues, Does this mean you're not going to call somebody from the department to talk about what's allowed under the codes? MR. HYMAN: Oh, I'm absolutely going to call 10 someone under the department. T just don't believe that 11 I'm going to call anyone that's going to testify to 12 scientific expert testimony. 13 THE COURT: Or how about an opinion about <-- about 14 the applicability of the codes and what is required? 15 MR. RYMAN: The -- the fish and wildlife law 16 enforcement officer will be available to testify just 17 like any other law enforcement officer, based on his 18 training and experience as -- as to how he enforces the 19 code and statutes. 20 THE COURT: And youfre not proposing that that is 22 expert testimony? 22 MR. HYMAN: No. That's -~ that's lay -- lay 23 testimony just -- just like a -- a deputy sheriff or 24 someone who -- a -~ a breath tech or, you know, any -~ 25 anything like that. Court Reporting Services 407-836-2270 000020 MR. TILDEN: Might make for a short trial. THE COURT: Well, let's just get to the bottom line of it, Does the Defense -- might I hear from the Defense's response that they think that it's opinion testimony and it would require expert witness. MR. TILDEN: I believe so, Which -- THE couRT: Is it technical to the extent that the jury would need it in order to understand the regulatory 10 process? il MR, TILDEN: If you read the way that these rules 12 have been constructed, it would take quite some time to 13 unwind them. I scratched my head reading some