Date: 03-25-2015

Case Style: State of Florida v. Licette Gonzalez

Case Number: 592014MM010265A

Judge: Fred Schott

Court: Circuit Court, Seminole County, Florida

Plaintiff's Attorney: Diana Miers

Defendant's Attorney: Blaise Trettis

Description: Sanford, FL - The State of charged Licette Gonzalez with drinking and driving. Office Michael Wagner testified that he saw Ms. Gonzelez, age 46, drinking from a can of Natural Ice beer while driving on the St. Johns Parkway. Wagner took Gonzalez to the Seminole County Jail but testified that no one qualified to perform a alcohol breath test was presence so he but checked the box saying that she tested above 0.08, the legal limit suspending her driver's license.

Gonzalez was then cited for driving without a license.

Court docket entries:

129 03/24/2015 DKRV DOCKET HEARING REVIEW [R] - DATE: 05/07/2015 - TIME: 0130PM - CTRM: 4D
128 03/24/2015 ORFF ORDER OF ASSIGNMENT TO SUCCESSOR JUDGE FOR COUNTY CRIMINAL DIVISION R
127 03/24/2015 ORFF ORDER OF RECUSAL
126 03/13/2015 SYS NOTICE FOR DOCKET REVIEW HEARING APR 02, 2015 AT 01:30 PM PRINTED
125 03/12/2015 CORR *** CORRECTED MINUTES ***OF 3/11/15 TO REFLECT DELETE THE WORDAGE OF COURT GRANTED THE MOTION FOR JUDGMENT OF ACQUITTAL. NUNC PRO TUNC 3/11/15
119 03/12/2015 DKRV DOCKET HEARING REVIEW [R] - DATE: 04/02/2015 - TIME: 0130PM - CTRM: 4D
118 03/12/2015 ORFF ORDER GRANTING DEFENDANTS MOTION FOR JUDGMENT NOTWITHSTANDING VERDICT AND ORDERED NEW TRIAL RESET CASE FOR DOCKET REVIEW 4/2/14 AT 1:30PM COURTROOM 4D
124 03/11/2015 OCTM OPEN COURT TRIAL MINUTES
123 03/11/2015 VRFM VERDICT FORM GUILTY DUI
122 03/11/2015 JUIF JURY INSTRUCTION FORM
121 03/11/2015 DFWL DEFENDANT'S WITNESS LIST
120 03/11/2015 EXID EXHIBIT & IDENTIFICATION LIST
117 03/11/2015 MNFD (1)DRIVING UNDER THE INFLUENCE 316.193(1) M-2: CHARGE DISMISSED.
116 03/11/2015 MNFD DEFENDANT RECEIVED MINUTES
115 03/11/2015 MNFD (0)POSS OF OPEN CONTAINER IN MOTOR VEH 316.1936(2)(A) I-: CHARGE DISMISSED.
114 03/11/2015 MNFD (0)NO PROOF OF INSURANCE 316.646(1) I-: CHARGE DISMISSED.
113 03/11/2015 MNFD (0)FAIL TO DISPLAY REGISTRATION 320.0605 I-: CHARGE DISMISSED.
112 03/11/2015 MNFD --GUILTY. COURT GRANTED MOTION FOR JUDGEMENT OF ACQUITTAL.
111 03/11/2015 MNFD (1)DRIVING UNDER THE INFLUENCE 316.193(1) M-2: JURY RETURNED WITH VERDICT OF
110 03/11/2015 MNFD --GRANTED THE MOTION FOR JUDGMENT NOT WITHSTANDING THE VERDICT.
109 03/11/2015 MNFD --SCHOENBERG PRESENTED MOTION FOR JUDGMENT NOT WITHSTANDING THE VERDICT. COURT
108 03/11/2015 MNFD --THE MEMBERS OF THE JURY AND DISCHARGED THEM FROM FURTHER SERVICE.ATTORNEY
107 03/11/2015 MNFD --VERDICT. THE JURY RETURNED WITH THE VERDICT OF: GUILTYTHE COURT THANKED
106 03/11/2015 MNFD --JURORS RETIRED TO DELIBERATE THEIR VERDICT. THE JURY WAS ABLE TO REACH OF A
105 03/11/2015 MNFD --SERVICE. COURT CHARGES THE JURY WITH THE LAWS APPLICABLE TO THIS CASE. THE
104 03/11/2015 MNFD --PRESENTED. THE ALTERNATE WAS NAMED, THANKED AND EXCUSED FROM FURTHER
103 03/11/2015 MNFD --DEFENSE PROVIDED WITNESSES. THE DEFENSE RESTS.FINAL ARGUMENTS WERE
102 03/11/2015 MNFD --OF ACQUITTAL. COURT DENIED THE MOTION FOR JUDGMENT OF ACQUITTAL. THE
101 03/11/2015 MNFD --INTO EVIDENCE. THE STATE RESTS. THE DEFENSE PRESENTED MOTION FOR JUDGMENT
100 03/11/2015 MNFD --STATEMENTS WERE PRESENTED. THE STATE PROVIDED WITNESSES & EXHIBITS ENTERED
99 03/11/2015 MNFD THE COURT, COUNSEL AND DEFENDANT WERE PRESENT AND READY FOR TRIAL. OPENING
98 03/11/2015 MNFD PD CHRISTEN KELLER WAS PRESENT FOR TRIAL
97 03/11/2015 MNFD STATE ATTORNEY DIANA MIERS WAS PRESENT FOR TRIAL
96 03/11/2015 PRES DEFENDANT WAS PRESENT FOR TRIAL
95 03/11/2015 MNF MINUTES FOR TRIAL BEFORE JUDGE FREDERIC SCHOTT
94 03/09/2015 MNFD DEFENDANT RECEIVED MINUTES
93 03/09/2015 MNFD MANDATORY COURT APPEARANCE
92 03/09/2015 MNFD --MARCH 11, 2015 @ 8:45AM.
91 03/09/2015 MNFD --WERE EXCUSED WITH CAUTIONARY INSTRUCTIONS AND ASKED TO RETURN ONWEDNESDAY,
90 03/09/2015 MNFD --JURY OF SIX JURORS AND ONE ALTERNATE WERE SELECTED & DULY SWORN. THE JURORS
89 03/09/2015 MNFD --HELD.PRE-EMPTORY CHALLENGES WERE HELD OUTSIDE THE PRESENCE OF THE JURORS. A
88 03/09/2015 MNFD --VENIRE OF SIXTEEN PROSPECTIVE JURORS WERE PRESENT AND VOIR DIRE WAS
87 03/09/2015 MNFD THE COURT, COUNSEL AND DEFENDANT WERE PRESENT AND READY TO SELECT A JURY. A
86 03/09/2015 TRJU --BUILDING BEFORE JUDGE FREDERIC SCHOTT
85 03/09/2015 TRJU TRIAL SET FOR 03/11/2015 AT 0845AM IN COURTROOM 4D, AT CRIMINAL JUSTICE
84 03/09/2015 JUSW JURY SWORN
83 03/09/2015 MNFD PD CHRISTEN KELLER WAS PRESENT FOR JURY SELECTION
82 03/09/2015 MNFD STATE ATTORNEY DIANA MIERS WAS PRESENT FOR JURY SELECTION
81 03/09/2015 PRES DEFENDANT WAS PRESENT FOR JURY SELECTION
80 03/09/2015 MNF MINUTES FOR JURY SELECTION BEFORE JUDGE FREDERIC SCHOTT
79 02/27/2015 MNFD --REMAINS SET FOR JURY SELECTION ON 03/09/15.
78 02/27/2015 MNFD CALENDAR CALL WAS HELD ON THE NOTICE OF EXPIRATION OF SPEEDY TRIAL. CASE
77 02/27/2015 MNFD PD MICHAEL SCHOENBERG WAS PRESENT FOR MOTION
76 02/27/2015 MNFD STATE ATTORNEY JENNIFER WATSON WAS PRESENT FOR MOTION
75 02/27/2015 DNP DEFENDANT WAS NOT PRESENT FOR MOTION
74 02/27/2015 MNF MINUTES FOR MOTION BEFORE JUDGE FREDERIC SCHOTT
73 02/27/2015 NEST NOTICE OF EXPIRATION OF SPEEDY TRIAL TIME
72 02/26/2015 MNFD DEFENDANT RECEIVED MINUTES
71 02/26/2015 MNFD MANDATORY COURT APPEARANCE
70 02/26/2015 TRJS --JUSTICE BUILDING BEFORE JUDGE FREDERIC SCHOTT
69 02/26/2015 TRJS JURY SELECTION SET FOR 03/09/2015 AT 0900AM IN COURTROOM 4D, AT CRIMINAL
68 02/26/2015 MNFD PD MICHAEL SCHOENBERG WAS PRESENT FOR DOCKET REVIEW HEARING
67 02/26/2015 MNFD STATE ATTORNEY DIANA MIERS/JENNIFER WATSON WAS PRESENT FOR DOCKET REVIEW HEARING
66 02/26/2015 PRES DEFENDANT WAS PRESENT FOR DOCKET REVIEW HEARING
65 02/26/2015 MNF MINUTES FOR DOCKET REVIEW HEARING BEFORE JUDGE FREDERIC SCHOTT
64 01/26/2015 MNFD DEFENDANT RECEIVED MINUTES
63 01/26/2015 MNFD MANDATORY COURT APPEARANCE
62 01/26/2015 MNFD COURT GRANTED STATE MOTION TO CONTINUE
61 01/26/2015 DKRV DOCKET REVIEW SET 02/26/2015 AT 0130PM COURTROOM 4D BEFORE JUDGE FREDERIC SCHOTT
60 01/26/2015 MNFD PD CHRISTEN KELLER WAS PRESENT FOR JURY SELECTION
59 01/26/2015 MNFD STATE ATTORNEY DIANA MIERS/JENNIFER WATSON WAS PRESENT FOR JURY SELECTION
58 01/26/2015 PRES DEFENDANT WAS PRESENT FOR JURY SELECTION
57 01/26/2015 MNF MINUTES FOR JURY SELECTION BEFORE JUDGE FREDERIC SCHOTT
56 01/22/2015 MNFD DEFENDANT RECEIVED MINUTES
55 01/22/2015 MNFD MANDATORY COURT APPEARANCE
54 01/22/2015 TRJS --JUSTICE BUILDING BEFORE JUDGE FREDERIC SCHOTT
53 01/22/2015 TRJS JURY SELECTION SET FOR 01/26/2015 AT 0900AM IN COURTROOM 4D, AT CRIMINAL
52 01/22/2015 MNFD PD CHRISTEN KELLER WAS PRESENT FOR DOCKET REVIEW HEARING
51 01/22/2015 MNFD STATE ATTORNEY DIANA MIERS/JENNIFER WATSON WAS PRESENT FOR DOCKET REVIEW HEARING
50 01/22/2015 PRES DEFENDANT WAS PRESENT FOR DOCKET REVIEW HEARING
49 01/22/2015 MNF MINUTES FOR DOCKET REVIEW HEARING BEFORE JUDGE FREDERIC SCHOTT
48 01/13/2015 WSRT WITNESS SUBPOENA RETURNED (2)
47 01/09/2015 PRAE PRAECIPE WITNESS SUBPOENA ISSUED (2)
46 01/08/2015 MNFD DEFENDANT RECEIVED MINUTES
45 01/08/2015 MNFD MANDATORY COURT APPEARANCE
44 01/08/2015 DKRV DOCKET REVIEW SET 01/22/2015 AT 0130PM COURTROOM 4D BEFORE JUDGE FREDERIC SCHOTT
43 01/08/2015 MNFD PD CHRISTEN KELLER WAS PRESENT FOR PRE-TRIAL CONFERENCE
42 01/08/2015 MNFD STATE ATTORNEY DIANA MIERS/JENNIFER WATSON WAS PRESENT FOR PRE-TRIAL CONFERENCE
41 01/08/2015 PRES DEFENDANT WAS PRESENT FOR PRE-TRIAL CONFERENCE
40 01/08/2015 MNF MINUTES FOR PRE-TRIAL CONFERENCE BEFORE JUDGE FREDERIC SCHOTT
39 01/06/2015 SRDN STATE RESPONSE TO DEFENDANT NOTICE OF DISCOVERY DEMAND FOR
38 12/08/2014 MNFD DEFENDANT RECEIVED MINUTES
37 12/08/2014 PLNG ALL CHARGES: DEFENDANT ENTERED A NOT GUILTY/COURT.
36 12/08/2014 MNFD --MAKE AND KEEP ALL APPOINTMENTS WITH THE PUBLIC DEFENDER.
35 12/08/2014 MNFD DEFENDANT IS TO REPORT TO THE PUBLIC DEFENDERS OFFICE TODAY.DEFENDANT IS TO
34 12/08/2014 CODI COURT OVERRULED DEFENDANT'S NON-INDIGENCY, APPOINTED PUBLIC DEFENDER
33 12/08/2014 PTC --JUSTICE BUILDING BEFORE JUDGE FREDERIC SCHOTT
32 12/08/2014 PTC PRE-TRIAL CONFERENCE SET FOR 01/08/2015 AT 0900AM IN COURTROOM 4D, AT CRIMINAL
31 12/08/2014 MNFD PD CHRISTEN KELLER WAS PRESENT FOR ARRAIGNMENT
30 12/08/2014 MNFD STATE ATTORNEY DIANA MIERS WAS PRESENT FOR ARRAIGNMENT
29 12/08/2014 MNFD DEFENDANT WAS ADVISED OF RIGHTS
28 12/08/2014 PRES DEFENDANT WAS PRESENT FOR ARRAIGNMENT
27 12/08/2014 MNF MINUTES FOR ARRAIGNMENT BEFORE JUDGE FREDERIC SCHOTT
26 12/05/2014 IFFD INFORMATION FILED - DATE: 12/05/2014
25 11/18/2014 DAYS REQUEST FOR TEN (10) DAYS TO FILE MOTIONS
24 11/18/2014 RFIN REQUEST FOR COPY OF INFORMATION
23 11/18/2014 RFJT REQUEST FOR JURY TRIAL
22 11/18/2014 WAAR WAIVER OF ARRAIGNMENT
21 11/18/2014 PLNG PLEA OF NOT GUILTY
20 11/18/2014 NOAF NOTICE OF APPEARANCE FILED BY ATTORNEY BLAISE TRETTIS
17 11/17/2014 BDSL BOND SLIP - TYPE: SU - BOND#: 2014AA102193 - AMT: $500 - NAME: A-1 KIM
19 11/16/2014 PDPD ASSIGN ATTORNEY - NAME: NOT INDIGENT
18 11/16/2014 AINA AFFIDAVIT INDIGENCY/NOT APPROVED MO 11/16/2014 FEE - AMT: $50.00
16 11/16/2014 ARSC ARRAIGNMENT SET [R] - DATE: 12/08/2014 - TIME: 0900AM - CTRM: 1A
15 11/16/2014 CCMN NO ALCOHOL POSSESSION OR CONSUMPTION
14 11/16/2014 PDPD ASSIGN ATTORNEY - NAME: PUBLIC DEFENDER/PROVISIONAL
13 11/16/2014 BDBD SET BONDSMAN - AMT: $500
12 11/16/2014 PCF PROBABLE CAUSE FOUND.
11 11/16/2014 RGHT DEFENDANT ADVISED OF RIGHTS BY COURT
10 11/16/2014 FI DEFENDANT PRESENT FOR FIRST APPEARANCE
9 11/16/2014 CCMN PUBLIC DEFENDER KRAMER PRESENT
8 11/16/2014 CCMN STATE ATTORNEY DAVE WHATELEY PRESENT FOR FIRST APPEARANCE
7 11/16/2014 MNFD COUNTY COURT MINUTES
6 11/16/2014 INTA INTAKE SHEET
5 11/16/2014 ATFD ARREST REPORT - DATE: 11/15/2014
4 11/16/2014 CTAT CITATION(S): A-3C2UBE
3 11/16/2014 CTAT CITATION(S): A-3C2UAE
2 11/16/2014 CTAT CITATION(S): A-3C2U9E
1 11/16/2014 CTAT CITATION(S): 3965-XDZ

Outcome: Schott found Defendant guilty but then reversed course entered a judgment of acquittal and then granted a motion for new trial claiming the office had perjured himself by checking the box that said Gonzalez tested above the 0.08 percent when she had not in fact done so.

Plaintiff's Experts:

Defendant's Experts:

Comments: Editor's Commnet: Judge Schott was reassigned to a civil docket.