State of Florida v. Peter Kliewer

Frank K. Russo

Case Conclusion Date:January 7, 2008

Practice Area:DUI / DWI

Outcome:Amicus Curiae brief achieved desired result

Description:State of Florida v. Peter Kliewer Appeal No. CRC06-00037APANO The Pinellas County Circuit Court, acting in its appellate capacity, entered an order that was interpreted to prohibit our local County Court Judges from imposing the Pinellas County Jail “Work Release Program” in any DUI sentence where Florida law otherwise called for a mandatory jail sentence. (Multiple Offenders would be required to serve a straight time jail sentence.) Although the Law Offices of Russo & Russo did not represent Defendant Kliewer, we did recognize the wide-spread impact this court decision had on our future clients, as well as, those of other local defense counsel. Accordingly, Russo & Russo petitioned the Circuit Court for permission to join the litigation on a Motion for Reconsideration as an Amicus Curiae (Friend of the Court.) Such permission was granted by the Circuit Court and we subsequently filed a comprehensive Amicus Brief arguing various cases and authorities. On January 7, 2008 a three judge panel granted the Motion for Reconsideration and expressly recognized arguments raised within our Amicus brief. The appellate court clarified their earlier decision and approved the use of the “Work Release” program as a viable sentencing alternative.