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Sapp v. State

The State could not show that the defendant was formally arraigned and acknowledged that the defendant objected to any waiver of the arraignment; accordingly, the Court reversed her conviction for speeding.

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In a two count accusation, Lawanda D. Sapp was charged with two counts of speeding: Count 1, traveling 60 miles per hour in a 45 mile per hour zone, and Count 2, speeding in excess of the 45 mile per hour speed limit. Following a jury trial at which she represented herself, Sapp was found guilty of Count 2, speeding in excess of the posted speed limit.1 Proceeding pro se, Sapp appeals and enumerates multiple errors on appeal, including that the evidence was insufficient to sustain her conviction, the double jeopardy clause of the Fifth and Fourth Amendments bar prosecution of charges that share the same issues of fact, the trial court failed to issue a legally valid uniform traffic citation on the speeding charge, the trial court failed to obtain a knowing and intelligent waiver of her right to formal arraignment, and the speeding charge was random and arbitrary and added as punishment for her seeking a jury trial. The State concedes that it cannot show that Sapp was formally arraigned and also acknowledges that she had objected to any waiver of the arraignment. Accordingly, we reverse her conviction.

1. We first address Sapp’s contention that the evidence was insufficient to find her guilty of speeding. We do not agree.

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