Florida Perjury
Shellie N. Zimmerman

DKT NO 1 | 06.12.2012 | INFORMATION

DKT NO 2 | 06.12.2012 | AFFIDAVIT

Probable Cause Affidavit in Support of Capias for Shellie Nichole Zimmerman:

Your affiant, T.C. O’Steen, is an Investigator with the State Attorney’s Office Fourth Judicial Circuit, and has over thirty-five years of law enforcement experience. Your affiant was appointed by State Attorney Angela B. Corey, who was assigned under Executive Order of the Governor 12-72.

On April 20, 2012, your Affiant was present when Shellie Nichole Zimmerman testified under oath at a Bond Hearing in State of Florida v. George Zimmerman, Case #2012-1083. Shellie Nichole Zimmerman is the wife of George Zimmerman. The Hearing was conducted in the Seminole County Courthouse in Sanford, Florida. The honorable Kenneth R. Lester presided over the Hearing. Your affiant has also reviewed the official transcript of that Bond Hearing.

Shellie Zimmerman appeared at the Hearing by phone, and identified herself as Shellie Nichole Zimmerman. Prior to providing any testimony, Shellie Zimmerman was administered the oath to tell the truth by Notary Public Leandra Gallego.

During Shellie Zimmerman’s testimony and before any specific questions about her finances, her husband’s attorney, Mark O’Mara explained to Shellie Zimmerman that he wanted her to advise the Court about her financial circumstances. Mr. O’Mara then asked Shellie Zimmerman several questions about her finances. Specifically, the following dialogue occurred between Mr. O’Mara and Shellie Zimmerman (Transcript, page 15):
Q. Other major assets that you have which you can liquidate reasonably to assist in coming up with money for a bond?
A. None that I know of.
Q. I have discussed with you the pending motion to have your husband George declared indigent for cost, have I not?
A. Yes, you have.
Q. And is - are you of any financial means where you can assist in those costs?
A. Uhm, not - - not that I'm aware of.
Q. I understand that you do have other family members present with you, and I’ll ask some more questions of them, but have you had discussions with them of at least trying to pull together some funds to accomplish a bond?
A: We have discussed that —
Q: Okay
A: — trying to pull together the members of the family to scrape up anything that we possibly can.


During cross examination by Assistant State Attorney Bernie de la Rionda, Shellie Zimmerman was again questioned about her finances. Specifically, the following dialogue occurred between Mr. de la Rionda and Shellie Zimmerman (Transcript, pages 26 & 27):
Q. And you mentioned also, in terms of the ability of your husband to make a bond amount, that you all had no money, is that correct?
A. To my knowledge, that is correct.
Q: Were you aware of the website that Mr. Zimmerman or somebody on his behalf created?
A: I’m aware of that website.
Q: How much money is in that website right now? How much money as a result of that website was —
A: Currently, I do not know.
Q: Do you have any estimate as to how much money has already been obtained or collected?
A: I do not.


Your Affiant has obtained official copies of Insight Credit Union records of George Zimmerman, Shellie Zimmerman and George Zimmerman’s sister. The records show that Shellie Zimmerman transferred more than $74,000 from George Zimmerman’s account to her account from April 16, 2012 to April 19, 2012. The transfers were in the amounts of $9,990 (4 times), $9,999 (2), and $7,500 (2).

While George Zimmerman was in custody in the Seminole County Jail he spoke to Shellie Zimmerman on the telephone. The calls were recorded and both parties were informed they were being recorded.

Your Affiant has reviewed numerous recorded jail phone calls between Shellie Zimmerman and George Zimmerman made before April 20, 2012, wherein the two of them discuss his financial circumstances and the transferring of money from George Zimmerman’s account to the accounts of Shellie Zimmerman and George Zimmerman’s sister. Excerpts from some of the telephone calls are detailed below:

On April 15, 2012 the following call took place:
• Call# 18568099 @1529:
George Zimmerman: Um, I’m trying to think, cause you’re going to take out $10 and keep it with you in cash, right?
Shellie Zimmerman: Yeah like $9
George Zimmerman: Let’s just say about $10. I’m wondering you have more than $10, right?
Shellie Zimmerman: Not with me
George Zimmerman: You don’t have access to more than $10?
Shellie Zimmerman: I do. I have access to, yeah
George Zimmerman: In your account?
Shellie Zimmerman: Yeah


On two such calls, on April 16, 2012, Shellie Zimmerman is present with George Zimmerman’s sister at the credit union when they discuss the transferring of money from George Zimmerman’s account.
• Call # 18577856 @ 1426:
George Zimmerman: In my account do I have at least $100?
Shellie Zimmerman: No
George Zimmerman: How close am I?
Shellie Zimmerman: There’s like $8. $8.60
George Zimmerman: So total everything how much are we looking at?
Shellie Zimmerman: Um, like $155


• Call # 18579780 @ 1632:
George Zimmerman: If the bond is $50, pay the 15. If it’s more than 15, just pay 10% to the bondsman.
Shellie Zimmerman: You don’t want me to pay $100?
George Zimmerman: Hell no.
Shellie Zimmerman: All right just think about it.
George Zimmerman: I will
Shellie Zimmerman: That’s what it’s for.


The credit union records further revealed that Shellie Zimmerman withdrew $18,000, in amounts of $9,000 two times, on April 16, 2012 from her account at the credit union.

On April 19, 2012, George Zimmerman and Shellie Zimmerman spoke on the telephone and talked about Shellie taking money from the safety deposit box.

• Call # 18608875 @ 09:36:
Shellie Zimmerman: Yeah, I think I’m gonna go to the bank today and get more cash, too.
George Zimmerman: Okay.
Shellie Zimmerman: And then I’m, I might take what I put in the box out also.
George Zimmerman: okay, well -
Shellie Zimmerman: Or do you want me to leave it there?
George Zimmerman: Um -
Shellie Zimmerman: It’s up to you, Ken was just saying I should probably have as much cash as possible.
George Zimmerman: That’s true, but I feel safer with the gift cards. Uh, and I don’t want you having too much on you, that, that, that’s
Shellie Zimmerman: Mm, hmm
George Zimmerman: safety issue, you know
Shellie Zimmerman: Yeah, of course, I have well, remember, I went - -
George Zimmerman: yeah - - -
Shellie Zimmerman: to our other one and got that out.
George Zimmerman: Yep
Shellie Zimmerman: So, I have like $13, $15


The Insight Credit Union records for George Zimmerman’s sister’s account reveal that more than $47,000 was transferred from George Zimmerman’s account to his sister’s account from April 16, 2012 to April 17, 2012.



The jail calls also reveal George Zimmerman instructing Shellie Zimmerman to “pay off all the bills,” including an American Express bill and a Sam’s Club card.

The Insight Credit Union records also reveal that on April 24, 2012, after George Zimmerman was released from jail on bond, Shellie Zimmerman transferred more than $85,500 from her account back to George Zimmerman’s account.

On June 6, 2012, your Affiant met with an assistant branch manager of Insight Credit Union. The assistant branch manager explained that she met with Shellie Zimmerman, who she knew as a customer, on April 16, 2012 at the Insight Credit Union branch located in Seminole County, Florida. During that meeting, the assistant branch manager assisted Shellie Zimmerman in transferring control of George Zimmerman’s account to Shellie Zimmerman. During a portion of the meeting, Shellie Zimmerman had George Zimmerman on the telephone, and the assistant branch manager spoke directly to him about the transfer.

The facts mentioned in this Affidavit are not a complete recitation of all the pertinent facts and evidence in this case but only are presented for a determination of Probable Cause for Perjury.

	By: Investigator T.C. O'Steen, Affiant

Sworn to and subscribed before me
This 11th day of June 2012

Notary Public, State of Florida at Large
My Commission expires:

DKT NO 5 | 06.12.2012 | ARREST WARRANT

DKT NO 6 | 06.13.2012 | ARREST REPORT

DKT NO 8 | 06.13.2012 | BOND SLIP

DKT NO 10 | 06.13.2012 | CLERK MEMO

DKT NO 14 | 06.13.2012 | ARRAIGNMENT

IN THE CIRCUIT COURT OF THE EIGHTEENTH JUDICIAL CIRCUIT
IN AND FOR SEMINOLE COUNTY, FLORIDA

STATE OF FLORIDA vs. SHELLIE N. ZIMMERMAN TO SHELLIE N ZIMMERMAN

CASE NO: 2012-CF-001792-A Attorney: NO ATTORNEY

NOTICE TO APPEAR BEFORE THE HONORABLE DEBRA S. NELSON

You are hereby notified that a case has been filed in the office of the Clerk of this Court, in and for Seminole County, and you are hereby required to appear in County Court at the Criminal Justice Center, 101 Bush Boulevard, Sanford FL., where said case is pending. You are being charged with the following offense(s):

1 PERJURY IN OFFICIAL PROCEEDINGS

Your appearance on the following day(s) is MANDATORY and your failure to appear will result in forfeiture of bond.

DATE TIME COURTROOM HEARING
July 31, 2012 1:30 PM 1A ARRAIGNMENT I hereby certify that a copy of the foregoing was furnished by mail/delivery to above named on this 14th day of June, 2012.

	Maryanne Morse Clerk of the County Court By: As Deputy Clerk (407) 665-4450

Fines and costs are payable the day they are assessed by the court. Financial hardship cases will be referred to collections for a payment agreement requiring a mandatory down payment of 25% of the total amount due.

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, Court Administration, 301 North Park Avenue, Sanford, FL 32771, telephone number (407) 665-4227 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.

Bondsman:
MAGIC BAIL BONDS
1610 TROPIC PARK DR
SANFORD, FL 32773

DKT NO 37 | 08.01.2012 | HEARING NOTICE

IN THE CIRCUIT COURT OF THE EIGHTEENTH JUDICIAL CIRCUIT
IN AND FOR SEMINOLE COUNTY, FLORIDA

STATE OF FLORIDA vs. SHELLIE N. ZIMMERMAN TO SHELLIE N ZIMMERMAN

CASE NO: 2012-CF-001792-A Attorney: KELLY B SIMS 605 E ROBINSON ST SUITE 450 ORLANDO, FL 32801

NOTICE TO APPEAR BEFORE THE HONORABLE DEBRA S. NELSON

You are hereby notified that a case has been filed in the office of the Clerk of this Court, in and for Seminole County, and you are hereby required to appear in County Court at the Criminal Justice Center, 101 Bush Boulevard, Sanford FL., where said case is pending. You are being charged with the following offense(s):

1 PERJURY IN OFFICIAL PROCEEDINGS

Your appearance on the following day(s) is MANDATORY and your failure to appear will result in forfeiture of bond.

DATE TIME COURTROOM HEARING
September 19, 2012 9:00 AM 5A DOCKET SOUNDING I hereby certify that a copy of the foregoing was furnished by mail/delivery to above named on this 1st day of August, 2012.

	Maryanne Morse Clerk of the County Court By: As Deputy Clerk (407) 665-4450

Fines and costs are payable the day they are assessed by the court. Financial hardship cases will be referred to collections for a payment agreement requiring a mandatory down payment of 25% of the total amount due.

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, Court Administration, 301 North Park Avenue, Sanford, FL 32771, telephone number (407) 665-4227 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.

Bondsman:
MAGIC BAIL BONDS
1610 TROPIC PARK DR
SANFORD, FL 32773

DKT NO 38 | 09.17.2012 | DEFENDANT'S WAIVER OF APPEARANCE

IN THE CIRCUIT COURT OF THE EIGHTEENTH JUDICIAL CIRCUIT
IN AND FOR SEMINOLE COUNTY, FLORIDA

STATE OF FLORIDA vs. SHELLIE N. ZIMMERMAN

CASE NO: 59-2012-CF-001792-A

WAIVER OF DEFENDANT'S ATTENDANCE AT DOCKET HEARING

COMES NOW the Defendant, SHELLIE ZIMMERMAN, by and through the undersigned attorney and pursuant to Fla. R. Crim. P. 3.180(3), and hereby files this written waiver of the presence of the Defendant at Docket Sounding. The undersigned attorney will appear on behalf of the Defendant at all scheduled Docket Soundings.

	SHELLIE ZIMMERMAN Defendant

I HEREBY CERTIFY that a copy of the foregoing has been furnished by facsimile/hand/mail delivery to John I. Guy, Esquire, Office of the State Attorney, Fourth Judicial Circuit, Duval County Courthouse Annex, 220 East Bay Street, Jacksonville, Florida 32202; and the Office of the State Attorney, Eighteenth Judicial Circuit, Post Office Box 8006, 101 Bush Boulevard, Sanford, Florida 32772, this the ____ day of ________________, 2012

	KELLY B. SIMS Florida Bar No. 0492760 Law Office of Kelly B. Sims, P.A. The Day Building 605 East Robinson Street, Suite 450 Orlando, Florida 32801 (407) 644-8881 Fax:(407) 841-3817 EM: Kelly@KBSimsLaw.com Attorney for Defendant

DKT NO 51 | 09.19.2012 | DEFENDANT'S MOTION FOR CONTINUANCE

IN THE CIRCUIT COURT OF THE EIGHTEENTH JUDICIAL CIRCUIT
IN AND FOR SEMINOLE COUNTY, FLORIDA

STATE OF FLORIDA vs. SHELLIE N. ZIMMERMAN

CASE NO: 59-2012-CF-001792-A

MOTION TO CONTINUE

COMES NOW the Defendant, SHELLIE ZIMMERMAN, by and through the undersigned counsel, and moves this Honorable Court to enter its Order granting this her Motion to Continue. As grounds therefore, Defendant states as follows:

1. Defendant is charged with violation of Section 837,02(1), Florida Statute, to-wit: Perjury in Official Proceedings
2. That this cause is set for Docket Sounding commencing September 19, 2012 .
3. That additional time is necessary in order for this Court to address potential motions and for the defense to complete discovery.
4. That Assistant State Attorney John Guy of the Fourth Judicial Circuit of Florida has no objection to the granting of this motion.
5. That this Motion is made in good faith, and not for purposes of unnecessary delay.
6. The Defendant waives her right to a speedy trial (See attached).

WHEREFORE, the Defendant respectuflly requests this Honorable Court enter an Order granting this her Motion to Continue.

I HEREBY CERTIFY that a copy of the foregoing has been furnished by facsimile/hand/mail delivery to Angela B. Corey, State Attorney, Office of the State Attorney, Fourth Judicial Circuit, Duval County Courthouse Annex, 220 East Bay Street, Jacksonville, Florida 32202; John I. Guy, Esquire, Office of the State Attorney, Fourth Judicial Circuit, Duval County Courthouse annex, 220 East Bay Street, Jacksonville, Florida 32202; and the Office of the State Attorney, Eighteenth Judicial Circuit, Post Office Box 8006, 101 Bush Boulevard, Sanford, Florida 32772, this the 19th day of September, 2012

	KELLY B. SIMS Florida Bar No. 0492760 Law Office of Kelly B. Sims, P.A. The Day Building 605 East Robinson Street, Suite 450 Orlando, Florida 32801 (407) 644-8881 Fax:(407) 841-3817 EM: Kelly@KBSimsLaw.com Attorney for Defendant

DKT NO 52 | 09.19.2012 | DEFENDANT'S WAIVER OF A SPEEDY TRIAL

IN THE CIRCUIT COURT OF THE EIGHTEENTH JUDICIAL CIRCUIT
IN AND FOR SEMINOLE COUNTY, FLORIDA

STATE OF FLORIDA vs. SHELLIE N. ZIMMERMAN

CASE NO: 59-2012-CF-001792-A

WAIVER OF SPEEDY TRIAL

The undersigned Defendant hereby waives her right to speedy trial in this cause and certifies to the Court that the Defendant's right to a speedy trial and the effect of this Waiver has been explained by the undersigned counsel.

	SHELLIE ZIMMERMAN Defendant

I HEREBY CERTIFY that a copy of the foregoing has been furnished by facsimile/hand/mail delivery to John I. Guy, Esquire, Office of the State Attorney, Fourth Judicial Circuit, Duval County Courthouse Annex, 220 East Bay Street, Jacksonville, Florida 32202; and the Office of the State Attorney, Eighteenth Judicial Circuit, Post Office Box 8006, 101 Bush Boulevard, Sanford, Florida 32772, this the ____ day of ________________, 2012

	KELLY B. SIMS Florida Bar No. 0492760 Law Office of Kelly B. Sims, P.A. The Day Building 605 East Robinson Street, Suite 450 Orlando, Florida 32801 (407) 644-8881 Fax:(407) 841-3817 EM: Kelly@KBSimsLaw.com Attorney for Defendant

DKT NO 55 | 10.04.2012 | DEFENDANT'S NOTICE OF INTENT TO PARTICIPATE IN DISCOVERY

IN THE CIRCUIT COURT OF THE EIGHTEENTH JUDICIAL CIRCUIT
IN AND FOR SEMINOLE COUNTY, FLORIDA

STATE OF FLORIDA vs. SHELLIE N. ZIMMERMAN

CASE NO: 59-2012-CF-001792-A

NOTICE OF INTENT TO PARTICIPATE IN DISCOVERY

The Defendant, SHELLIE ZIMMERMAN, by and through the undersigned attorney respectfully demands that the Office of the State Attorney, within fifteen (15) days after service of this notice, disclose to defense counsel and permit defense counsel to inspect, copy, test and photograph or control the following information and material within the State 's possession or control:

1. The names and addresses of any and all persons known to the prosecutor to have information which may be relevant to the offense charged and to any defense with respect thereto.
2. The statement of any and all persons whose name is furnished in compliance with the preceding paragraph. The term "statement", as used herein, includes a written statement made by said person and signed or otherwise adopted or approved by him. This shall include any and all statements of any kind or manner made by such person and written or recorded or summarized in any writing or recording. The term "statement" is specifically intended to include all police and investigative reports of any kind prepared for or in connection with the case.
3. Any written or recorded statements and the substance of any oral statements made by the accused, including a copy of any statements contained in the police reports or report summaries, together with the name and address of each witness to the statements. This should include, but not be limited to, statements taken from the accused.
4. Any written or recorded statements and the substance of any oral statements made by a co-defendant(s), whether or not said co-defendant(s) is charged under the same case number.
5. Those portions of the recorded Grand Jury Minutes that contain testimony of the accused.
6. Any tangible papers or objects which were obtained from or belonged to the accused.
7. Whether the State has any material or information which has been provided by a confidential informant.
8. Whether there has been any electronic surveillance including wiretapping, of the premises of the accused or of conversations to which the accused was a party; and any documents relating thereto.
9. Whether there has been any search or seizure of any kind in the instant case, and any documents relating thereto.
10. Reports or statements of experts made in connection with this particular case, including results of physical or mental examinations and of scientific tests, experiments or comparisons.
11. Any tangible papers or objects which the prosecuting attorney intends to use in hearing or trial which were not obtained from or belong to the accused.
12. Any material information within the State's possession or control which tends to negate the guilt of the accused as to the offense charged.
13. Defendant’s probation file, including probation officer’s reports, documents and any statements made by Defendant to probation employees, if applicable in any manner to the offense charged.
14. Any and all photographs taken of the Defendant or of any portion of his body.
15. Any and all photographs taken of the crime scene and/ or of the victim(s) of the crime or otherwise relating to this case.
16. Any photographs which have been exhibited for the purpose of establishing the identity of the perpetrator of the crime.
17. Names and addresses of all persons who failed to identify the accused upon being presented with a photograph or video during the investigation or preparation of the case.
18. Any and all consideration or promises of consideration given to or made on behalf of State witnesses.
19. Any and all prosecutions, investigations, or possible prosecutions pending which could be brought against any witnesses and any probationary, parole or deferred prosecution statuses of the witnesses.
20. Any and all records and information revealing felony convictions or crimes of dishonesty relating to any state's witness.
21. Any and all records and information showing prior misconduct or bad acts committed by any State's witness.
22. Any information tending to show that other persons, excluding the accused, were involved in the crime.
23. Any information that tends to show that the accused had consumed alcohol and/or drugs prior to the commission of the offense.
24. Any information that any of the State's witnesses, including the alleged victim(s), had consumed alcohol and/or drugs prior to witnessing or experiencing the events that give rise to their respective testimony.
25. Any statements of witnesses which conflict either internally or with another statement of the same witness.
26. The results and reports, including questions asked, of any polygraph testing of Defendant or any State Witness.
27. Any psychiatric, psychological, or mental evaluations taken by a State's witness or any evidence of psychiatric, psychological or mental treatment of any state's witness.
28. Any hypnosis or memory refreshment given to any state's witness to assist that witness's memory for investigative or trial preparation purposes.
29. Any internal documents or other evidence of any law enforcement official's misfeasance, malfeasance or negligence whether by acts of omission or commission, in the performance of his/her duties, concerning this specific case.
30. Any evidence of the periodic destruction of any evidence, including but not limited to law enforcement document retention policies.
31. The names and addresses of any individuals who were considered at any time during the case as possible suspects and the evidence that led to this conclusion.
32. "Mugshots", photographs or other physical evidence used but eliminated during the course of the investigation and the reasons for their discontinuance.
33. The names and addresses of other individuals who may have confessed to this crime or crimes with a similar modus operandi.
34. Any statement of a witness or other individual which presents or indicates a doubt as to the identity of the accused, the location of the crime, or the description of any tangible item relevant to the charge.
35. Any evidence which indicates or tends to show that the alleged victim was or is a dangerous or turbulent character or was not a peaceful, law-abiding person.
36. Any evidence indicating that the alleged victim and the accused engaged in any argument, disagreement or fight prior to the time of the incident.
37. Any evidence that the accused acted in self-defense or was provoked by the alleged victim prior to the incident other than what has been previously provided.
38. Any evidence that indicates the alleged victim was or is an alcoholic or drug-dependent person.
39. Any evidence concerning the mental stability or personality characteristics of the alleged victim that may have lead to the incident between the accused and the decedent.
40. Any evidence of behavior of Defendant while incarcerated.
41. Any evidence of alcohol or drug abuse by Defendant.
42. Any medical history of Defendant.
43. Any employment history of Defendant
44. All psychological and psychiatric records of the Defendant including tests, observations, diagnosis, and treatment.
45. The criminal history of the Defendant including all arrests, dispositions, incarcerations, paroles, probations, and placements. The above is requested pursuant to Fla. R. Crim. P. 3.200(a)(l)(i) through (xi) and (2), inclusive.


I HEREBY CERTIFY that a copy of the foregoing has been furnished by facsimile delivery to John I. Guy, Esquire, Office of the State Attorney, Fourth Judicial Circuit, Duval County Courthouse Annex, 220 East Bay Street, Jacksonville, Florida 32202 this the ____ day of ________________, 2012

	KELLY B. SIMS Florida Bar No. 0492760 Law Office of Kelly B. Sims, P.A. The Day Building 605 East Robinson Street, Suite 450 Orlando, Florida 32801 (407) 644-8881 Fax:(407) 841-3817 EM: Kelly@KBSimsLaw.com Attorney for Defendant

DKT NO 68 | 10.17.2012 | STATE'S DISCOVERY EXHIBIT

IN THE CIRCUIT COURT OF THE EIGHTEENTH JUDICIAL CIRCUIT
IN AND FOR SEMINOLE COUNTY, FLORIDA

STATE OF FLORIDA vs. SHELLIE N. ZIMMERMAN

CASE NO: 59-2012-CF-001792-A

STATE'S DISCOVERY EXHIBIT AND DEMAND FOR RECIPROCAL DISCOVERY

This response meets the requirements of Rule 3.220(b), Florida Rules of Criminal Procedure, and provides answers in the same order as required by the Rule. The State demands reciprocal discovery as required by Rule 3.220(d), Florida Rules of Criminal Procedure.

A. All court reporters used in depositions and prior sworn statements in this cause, and all witnesses whose names are brought out in depositions.

Category A:
Civilians:
Jesse Dean, c/o Insight Credit Union, 480 S. Keller Road, Orlando, FL 32810
Dianne Gagnon, c/o 101W Fulton St, Sanford, FL 32771
Leandra Gallego, c/o 768 Silverwood Drive, Lake Mary, FL 32746
Dawn Wilson, address to be provided
Kenneth Wilson, address to be provided
Janice Zaidi, c/o Insight Credit Union, 501 Currency Circle, Lake Mary, FL 32746


State Attorney’s Office (Jacksonville, FL)
T. O’Steen, Investigator State Attorney’s Office, 220 East Bay Street, Jacksonville, FL 32202


Category C:
K. Gilbreath, Investigator State Attorney’s Office, 220 East Bay Street, Jacksonville, FL 32202



B. All statements brought out at depositions and referred to in paragraph K. below.

C. Sworn testimony of Defendant referred to in paragraph K below. Defendant’s statements made on jail calls referred to in paragraph K below.

D. None known to the State at this time.

E. None known to the State at this time.

F. See paragraph K below.

G. None known to the State at this time.

H. Jail calls referred to in paragraph K below.

I. See paragraph K below.

J. Any statements brought out at depositions.

K. Official Court Transcript of bond hearing in State v. George Zimmerman, case number 59-2012CF1083A, held on April 20, 2012, Insight Credit Union account records of Defendant, George Zimmerman, and Dawn Wilson, videotape of Insight Credit Union, jail calls between Defendant and George Zimmerman.

L. None known to the State at this time.



I HEREBY CERTIFY that a copy of the foregoing has been furnished by hand to Kelly B. Sims, Attorney for the Defendant, 605 East Robinson Street, Suite 250, Orlando, FL 32801, this 17th day of October, 2012.

	John I. Guy Bar Number 971758 Assistant State Attorney

DKT NO 71 | 11.29.2012 | DEFENDANT'S MOTION TO DISMISS

IN THE CIRCUIT COURT OF THE EIGHTEENTH JUDICIAL CIRCUIT
IN AND FOR SEMINOLE COUNTY, FLORIDA

STATE OF FLORIDA vs. SHELLIE N. ZIMMERMAN

CASE NO: 59-2012-CF-001792-A

MOTION TO DISMISS OR, IN THE ALTERNATIVE, PETITION FOR WRIT OF QUO WARRANTO

The Defendant, SHELLIE NICHOLE ZIMMERMAN, by and through undersigned counsel and pursuant to Florida Rule of Criminal Procedure 3.190(b), hereby moves this Honorable Court for issuance of an order dismissing the charge in the above-styled cause. In the alternative and pursuant to Article V, Section 5 (b) of the Florida Constitution, and Florida Rule of Appellate Procedure 9.030(c)(3), the Defendant petitions this Court for a writ of quo warranto finding that the Honorable ANGELA COREY, State Attorney for the Fourth Judicial Circuit of Florida, has exceeded her constitutional and statutory authority by filing perjury charges against the defendant in the above-styled cause. As grounds therefore, Defendant states:

1. Prior to the filing of an Information in the above-styled cause, the Honorable NORMAN WOLFINGER, State Attorney for the Eighteenth Judicial Circuit of Florida, advised Governor RICK SCOTT that the death of Trayvon Martin was currently under investigation. The Honorable NORMAN WOLFINGER, to avoid any appearance of conflict of interest or impropriety, voluntarily disqualified himself and requested the executive assignment of another State Attorney with respect to the investigation of the death of Trayvon Martin.

2. On March 22, 2012, Governor RICK SCOTT, pursuant to Section 27.14, Florida Statutes (2012), issued Executive Order Number 12-72, assigning the Honorable ANGELA COREY, State Attorney for the Fourth Judicial Circuit of Florida, to “discharge the duties of the Honorable NORMAN WOLFINGER, State Attorney for the Eighteenth Judicial Circuit of Florida, as they relate to the investigation and all matters pertaining to the death of Trayvon Martin.”

3. On June 12, 2012, the State of Florida charged SHELLIE NICHOLE ZIMMERMAN, the Defendant/Petitioner, with one count of perjury alleging that, on April 20, 2012, she did “knowingly make a false statement, which she did not believe to be true, under oath in an official proceeding, to wit: the Bond Hearing of George Zimmerman, regarding a material matter, contrary to the provisions of Section 837.02(1), Florida Statutes.” The information charging perjury is signed by John I. Guy, Designated Assistant State Attorney, under the authority of ANGELA COREY, the State Attorney for the Fourth Judicial Circuit of Florida. The State filed the information in the Eighteenth Judicial Circuit, in and for Seminole County, Florida.

4. Defendant asserts that, by charging the Defendant with perjury, Special Prosecutor COREY has acted improperly and in excess of her constitutional and statutory authority. Specifically, Special Prosecutor COREY has acted outside the scope of the power granted to her by the executive order signed by Governor RICK SCOTT. More specifically, Special Prosecutor COREY has no authority to prosecute the Defendant for alleged perjury at Geroge Zimmerman’s bond hearing, as it is not related to “the investigation and all matters pertaining to the death of Trayvon Martin”. (Emphasis added)

5. This Court has jurisdiction. In addition to the fact that this Court is assigned to the above-styled case, Article V, Section 5(b) of the Florida Constitution, and Florida Rule of Appellate Procedure 9.030(c)(3), invests in all circuit courts original jurisdiction to issue writs of mandamus, prohibition, quo warranto, common law certiorari, and habeas corpus, and all writs necessary to the complete exercise of the court’s jurisdiction.

Special Prosecutor COREY is a state officer. See Hall v. State, 187 So. 392, 398 (Fla. 1939). A petition for writ of quo warranto is the proper vehicle for a criminal defendant to challenge the scope of the authority of a state attorney assigned by the governor to prosecute a case in another circuit. See Austin v. State ex rel. Christian, 310 So.2d 289 (Fla. 1975) and Carey v. State. 349 So.2d 820 (3d DCA 1977).

Additionally, in State v. Viscito, 349 So.2d 196 (Fla. 3d DCA 1977), the State of Florida appealed the trial court’s dismissal of Informations charging the defendants with various gambling violations. The trial judge dismissed the Informations on the ground that the executive order, similar to the one in the above-styled cause, was invalid. The appellate court reversed and remanded the dismissals because the authority of the assigned state attorney should have been tested by quo warranto proceedings. To their detriment, the defendants failed to pursue this method in attacking the Informations, thus losing in the appellate court.

6. Article V, Section 17 of the Florida Constitution provides, in pertinent part, as follows:
In each judicial circuit a state attorney shall be elected for a term of four years. Except as otherwise provided in this constitution, the state attorney shall be the prosecuting officer of all trial courts in that circuit and shall perform other duties prescribed by general law.... Likewise, Section 27.01, Florida Statutes (2012), provides that "[t]here shall be a state attorney for each of the judicial circuits, who shall be elected at the general election by the qualified electors of their respective judicial circuits...." Section 27.02 further provides that ”[t]he state attorney shall appear in the circuit and county courts within his or her judicial circuit and prosecute or defend on behalf of the state all suits, applications, or motions, civil or criminal, in which the state is a party...." Thus, by constitutional and statutory mandate, the citizens of a particular judicial circuit are entitled to have any alleged offenses committed within that circuit prosecuted by the State Attorney whom they elect.

7. Section 27.14 of the Florida Statutes provides a limited exception to this rule. That section permits the Governor to assign a state attorney from one circuit to discharge the duties of the state attorney in a second circuit when the state attorney for the second circuit is disqualified to represent the state, or "for any other good and sufficient reason." Fla. Stat. §27.14(1). The scope of the assigned state attorney's authority to investigate and prosecute is necessarily circumscribed by the language of the executive order of assignment. Hall v. State, 187 So. 392, 398-99 (Fla. 1939). That is, the assigned state attorney is clothed with the powers and privileges of the incumbent prosecutor only to the extent "necessary to fully effectuate the intent and purpose of ' the executive order. Id. at 399.

8. Importantly, Governor SCOTT did not give Special Prosecutor COREY blanket authority to file additional charges against other individuals for any alleged crimes committed within the Eighteenth Judicial Circuit. Nor could he, because there did not exist a "good and sufficient reason" for so expansively usurping the will of the citizenry who elected State Attorney WOLFINGER. See Fla. Stat. §27.14(1). Rather, Special Prosecutor COREY'S authority was limited to:
discharge the duties of the Honorable NORMAN WOLFINGER, State Attorney for the Eighteenth Judicial Circuit of Florida, as they relate to the investigation and all matters pertaining to the death of Trayvon Martin. The electorate of the Eighteenth Judicial Circuit is entitled to have its prosecutorial decisions made by its elected official unless that elected official is disqualified or there is a "good and sufficient reason" for the assignment of a Special Prosecutor. See Fla. Stat. §27.14(1).

9. A special prosecutor can exceed her authority, which is limited by the executive order. In Hardy v. Rundle, 846 So. 2d 1174 (Fla. 2d Dist. 2003), the court held:
Paul Hardy and Leo Salvatori seek review of the final judgment dismissing their complaint for writ of quo warranto. The complaint sought to prevent a special prosecutor from prosecuting count fourteen of criminal information which charged Hardy and Salvatori with money laundering. We conclude that the executive order issued by the governor giving the special prosecutor the authority to prosecute certain matters did not encompass the claim for money laundering asserted in count fourteen. Accordingly, we reverse.

10. Defendant/Petitioner contends that Special Prosecutor COREY has exceeded her authority under Governor SCOTT'S Executive Order by filing perjury charges against the Defendant based on the Defendant's testimony at George Zimmerman's bond hearing. Although George Zimmerman has been charged in the death of Trayvon Martin, the Defendant has not. Perjury at a bond hearing clearly does not "relate to the investigation in all matters pertaining to the death of Trayvon Martin." (Emphasis added.) At the time of the Defendant’s alleged perjury, Trayvon Martin was already dead. Special prosecutors' appointments are for specific matters and for a specific period of time. There are valid reasons for these limitations. Here, Special Prosecutor COREY has exceeded her authority.

11. If Special Prosecutor COREY is permitted to prosecute the Defendant in this cause, would there be any limits to her authority? Could she prosecute veniremen summoned who fail to appear for jury duty? Would she be allowed to prosecute individuals who are arrested outside of the Seminole County Courthouse for protesting against any of the parties associated with this matter? Would she be allowed to seek charges against members of the media for their coverage of the unfolding events? Clearly not.

CONCLUSION AND PRAYER FOR RELIEF

WHEREFORE, the Defendant/Petitioner respectfully requests this Honorable Court grant this her motion to dismiss or, in the alternative issue a writ of quo warranto to preclude Special Prosecutor, ANGELA COREY, State Attorney for the Fourth Judicial Circuit of Florida, from prosecuting the Defendant in the above-styled cause.

CERTIFICATE OF SERVICE

I HEREBY CERTIFY that a copy of the foregoing has been furnished by facsimile/hand/mail delivery to the Honorable Angela B. Corey, State Attorney, Office of the State Attorney, Fourth Judicial Circuit, Duval County Courthouse Annex, 220 East Bay Street, Jacksonville, Florida 32202 and John I. Guy, Esquire, Office of the State Attorney, Fourth Judicial Circuit, Duval County Courthouse Annex, 220 East Bay Street, Jacksonville, Florida 32202, this the day of November, 2012.

	KELLY B. SIMS Florida Bar No. 0492760 Law Office of Kelly B. Sims, P.A. The Day Building 605 East Robinson Street, Suite 450 Orlando, Florida 32801 (407) 644-8881 Fax:(407) 841-3817 EM: Kelly@KBSimsLaw.com Attorney for Defendant

DKT NO 72 | 12.03.2012 | COURT'S ORDER GRANTING CONTINUANCE

IN THE CIRCUIT COURT OF THE EIGHTEENTH JUDICIAL CIRCUIT
IN AND FOR SEMINOLE COUNTY, FLORIDA

STATE OF FLORIDA vs. SHELLIE N. ZIMMERMAN

CASE NO: 59-2012-CF-001792-A

ORDER GRANTING CONTINUANCE

THIS CAUSE having come on to be heard before this Court on the State’s Motion to Continue, and the Court being otherwise fully advised in the premises, it is thereupon

ORDERED AND ADJUDGED as follows:
1. The State’s Motion to Continue is hereby granted.

2. Docket Sounding shall be continued to January 23, 2013 at 9:00 a.m. in Courtroom 5C before the Honorable Marlene M. Alva at the Criminal Justice Building, 101 Bush Boulevard, Sanford, Florida 32773.



DONE AND ORDERED in Chambers, at Sanford, Seminole County, Florida, this ____ day of November December, 2012

	DEBRA NELSON, CIRCUIT JUDGE

DKT NO 83 | 01.04.2013 | EXECUTIVE ORDER 12-279

STATE OF FLORIDA
OFFICE OF THE GOVERNOR
EXECUTIVE ORDER NUMBER 12-279
WHEREAS, the Honorable ANGELA COREY, State Attorney for the Fourth Judicial Circuit of Florida, was previously assigned by Executive Order 12-72 to the Eighteenth Judicial Circuit of Florida to represent the State of Florida concerning an investigation into the death of Trayvon Martin; and
WHEREAS, the Assigned State Attorney has advised the Governor that the duties required by the previous executive assignment have not yet been completed as the cases filed against George Zimmerman and Shellie Zimmerman, as a result of the investigation, are pending; and
WHEREAS, the Assigned State Attorney has further advised the Governor that an extension of this assignment is necessary in order to complete the assigned duties; and
WHEREAS, it is in the best interests of the State of Florida and of the ends of justice that the assignment of the Assigned State Attorney be continued with respect to the above matters, pursuant to Section 27.14, Florida Statutes.
NOW, THEREFORE, I, RICK SCOTT, Governor of Florida, in obedience to my solemn constitutional duty to “take care that the laws be faithfully executed,” and pursuant to the Constitution and laws of the State of Florida, issue the following Executive Order:
Section 1.
Executive Order 12-72 is reaffirmed and the executive assignment is extended for an additional period of one (1) year, to and including March 22, 2014.

Section 2.
The Assigned State Attorney shall notify the Governor on or before February 14, 2014, if additional time is required.



IN TESTIMONY WHEREOF, I have hereunto set my hand and have caused the Great Seal of the State of Florida to be affixed at Tallahassee, this 18th day of December, 2012.



ATTEST:

SECRETARY OF STATE

DKT NO 84 | 01.13.2013 | STATE'S RESPONSE TO DEFENDANT'S MOTION TO DISMISS

IN THE CIRCUIT COURT OF THE EIGHTEENTH JUDICIAL CIRCUIT
IN AND FOR SEMINOLE COUNTY, FLORIDA

STATE OF FLORIDA vs. SHELLIE N. ZIMMERMAN

CASE NO: 59-2012-CF-001792-A

STATE'S RESPONSE TO DEFENDANT'S MOTION TO DISMISS OR, IN THE ALTERNATIVE, PETITION FOR WRIT OF QUO WARRANTO

The State of Florida, by and through the undersigned Assistant State Attorney, files this response to the Defendant’s Motion to Dismiss or, in the Alternative, Petition for Writ of Quo Warranto. The State moves this Honorable Court for an Order denying said motion. In support thereof, the State submits the following:

SUMMARY OF FACTS

1. The Defendant is charged with one count of Perjury, pursuant to Section 837.02(1), Florida Statutes. Said charge was filed via a capias on June 11, 2012.
2. In the above-referenced motion, the Defendant seeks to have this Court dismiss her Perjury charge, or in the alternative, find that State Attorney Angela Corey has exceeded her authority in charging the Defendant.
3. On March 22, 2012, Florida Governor Rick Scott, pursuant to Executive Order 12-72, appointed Ms. Corey to “discharge the duties of the Honorable Norman Wolfinger, State Attorney for the Eighteenth Judicial Circuit of Florida, as they relate to the investigation and all matters pertaining to the death of Trayvon Martin” (Emphasis added, Order 12-72 attached as Exhibit A). The Order further stated that the appointment of Ms. Corey was “in the best interest of the State of Florida and of the ends of justice” (see Exhibit A). The Order added that the appointment of Ms. Corey was “to avoid the appearance of conflict of interest or impropriety” (see Exhibit A).
4. On April 11, 2012, the State of Florida, charged the Defendant’s husband George Zimmerman, with the Second Degree Murder of Trayvon Martin.
5. On April 20, 2012, at a bond hearing for George Zimmerman, Mr. Zimmerman’s attorney called Shellie Zimmerman to testify on behalf of her husband. Specifically, Shellie Zimmerman testified, in part, about money available to George Zimmerman to make bond. It is from that testimony that the Defendant’s Perjury charge arose.
6. On December 18, 2012, Florida Governor Rick Scott, pursuant to Executive Order 12-279, extended the assignment of Ms. Corey for an additional year. Said Order further specified that the assignment of Ms. Corey include “the cases filed against George Zimmerman and Shellie Zimmerman” (Order 12-279 attached as Exhibit B).
SUMMARY OF LAW

It is the State’s position that the Defendant’s Perjury charge is within the scope of “all matters pertaining to the death of Trayvon Martin.” Based on the broad language used in the Executive Order it is clear that the purpose of the assignment was to absolve Mr. Wolfinger of all matters related to the death of Trayvon Martin. Furthermore, the language of the Executive Order does not limit the investigation to any specific person. Rather, the intent of the Executive Order was to give Ms. Corey the same authority as Mr. Wolfinger; that is to investigate and prosecute anything with reference to the death of Trayvon Martin.
In Hall v. State (136 Fla. 644, 187 So. 392), a case addressing the authority of a State Attorney assigned by Executive Order, the Supreme Court of Florida noted that a State Attorney assigned by Executive Order “was clothed with all the powers and privileges of the prosecuting attorney” from which the assignment originated (Id. at 661). The Court went on to hold that “a state attorney in this State is not merely a prosecuting officer in the Circuit in which he is appointed; he is also an officer of the State in the general matter of the enforcement of the criminal law, subject to the assignment by the Governor to any County in any Circuit of the State" (Id. at 657). The Court in Hall further explained that an assigned State Attorney “became in effect the State Attorney pro tempore... in so far as was necessary to fully effectuate the intent and purpose of said order.” (Id. at 661)
Similarly, in Giamo v. State (245 So.2d 116, 3rd DCA 1971), the Court held that the fact that an Information was signed by a State Attorney assigned to another judicial circuit by Executive Order did not render the Information insufficient.
The State further submits that common sense dictates that the prosecution of the Defendant is within the intended authority of the Executive Order. If Mr. Wolfinger needed to recuse himself “to avoid the appearance of conflict of interest or impropriety” regarding the death of Trayvon Martin, certainly Mr. Wolfinger would have had a similar issue with the investigation and/or prosecution of the wife of the person subsequently charged with Trayvon Martin’s murder. In Walker v. State (93 Fla. 1069, 113 So. 96), a case in which the Defendant objected to the Executive Order on the grounds that the order did not specify with sufficient particularity the cause in which the assigned State Attorney should act as State Attorney, the Court noted it was doubtful the defendant could raise the point as the assigned State Attorney was an officer named in the Constitution, and was acting under color of authority, (Id. at 1074)
Finally, subsequent to charges being filed against George Zimmerman and the Defendant, Governor Scott issued Executive Order 12-279, which expressly and specifically authorizes Ms. Corey to prosecute the Defendant’s case.


WHEREFORE, the State of Florida moves this Honorable Court to Deny the Defendant’s Motion.

CERTIFICATE OF SERVICE

I HEREBY CERTIFY that a copy of the foregoing motion has been furnished by email, to Kelly B. Sims, Attorney for the Defendant, this 17th day of January, 2013.



Angela B. Corey
STATE ATTORNEY

	John I. Guy Bar Number 971758 Assistant State Attorney

EXHIBIT A
EXECTUIVE ORDER 12-72
3/22/12





STATE OF FLORIDA
OFFICE OF THE GOVERNOR
EXECUTIVE ORDER NUMBER 12-72
WHEREAS, the Honorable NORMAN R. WOLFINGER, State Attorney for the Eighteenth Judicial Circuit of Florida, has advised Governor RICK SCOTT that the death of Trayvon Martin is currently under investigation; and
WHEREAS, the Honorable NORMAN R. WOLFINGER, to avoid any appearance of conflict of interest or impropriety, has voluntarily disqualified himself and has requested the executive assignment of another State Attorney with respect to the investigation of this case and all related matters; and
WHEREAS, the Honorable ANGELA COREY, State Attorney for the Fourth Judicial Circuit of Florida, has agreed to accept an executive assignment in this matter; and
WHEREAS, it is in the best interest of the State of Florida and of the ends of justice that the Honorable ANGELA COREY discharge the duties of the Honorable NORMAN R. WOLFINGER. pursuant to section 27.14, Florida Statutes;
NOW, THEREFORE, I, RICK SCOTT, Governor of Florida, in obedience to my solemn constitutional duty to “take care that the laws be faithfully executed,” and pursuant to the Constitution and laws of the State of Florida, issue the following Executive Order, effective immediately:

Section 1.
The Honorable ANGELA COREY, State Attorney for the Fourth Judicial Circuit of Florida, referred to as the “Assigned State Attorney,” is assigned to discharge the duties of the Honorable NORMAN R. WOLFINGER, State Attorney for the Eighteenth Judicial Circuit of Florida, as they relate to the investigation and all matters pertaining to the death of Trayvon Martin.

Section 2.
The Assigned State Attorney or one or more Assistant State Attorneys and Investigators, who have been designated by the Assigned State Attorney, shall proceed immediately to the Eighteenth Judicial Circuit of Florida, and are vested with the authority to perform the duties prescribed herein.

Section 3.
All residents of the Eighteenth Judicial Circuit are requested, and all public officials are directed, to cooperate and render whatever assistance is necessary to the Assigned State Attorney, so that justice may be served.

Section 4.
The period of this Executive Assignment shall be for one (1) year, to and including March 22, 2013.

Section 5.
The Assigned State Attorney shall notify the Governor on or before February 22, 2013, if additional time is required.



IN TESTIMONY WHEREOF, I have hereunto set my hand and have caused the Great Seal of the State of Florida to be affixed at Tallahassee, this 22th day of March, 2012.



ATTEST:

SECRETARY OF STATE

EXHIBIT B
EXECTUIVE ORDER 12-279
12/18/12





STATE OF FLORIDA
OFFICE OF THE GOVERNOR
EXECUTIVE ORDER NUMBER 12-279
WHEREAS, the Honorable ANGELA COREY, State Attorney for the Fourth Judicial Circuit of Florida, was previously assigned by Executive Order 12-72 to the Eighteenth Judicial Circuit of Florida to represent the State of Florida concerning an investigation into the death of Trayvon Martin; and
WHEREAS, the Assigned State Attorney has advised the Governor that the duties required by the previous executive assignment have not yet been completed as the cases filed against George Zimmerman and Shellie Zimmerman, as a result of the investigation, are pending; and
WHEREAS, the Assigned State Attorney has further advised the Governor that an extension of this assignment is necessary in order to complete the assigned duties; and
WHEREAS, it is in the best interests of the State of Florida and of the ends of justice that the assignment of the Assigned State Attorney be continued with respect to the above matters, pursuant to Section 27.14, Florida Statutes.
NOW, THEREFORE, I, RICK SCOTT, Governor of Florida, in obedience to my solemn constitutional duty to “take care that the laws be faithfully executed,” and pursuant to the Constitution and laws of the State of Florida, issue the following Executive Order:
Section 1.
Executive Order 12-72 is reaffirmed and the executive assignment is extended for an additional period of one (1) year, to and including March 22, 2014.

Section 2.
The Assigned State Attorney shall notify the Governor on or before February 14, 2014, if additional time is required.



IN TESTIMONY WHEREOF, I have hereunto set my hand and have caused the Great Seal of the State of Florida to be affixed at Tallahassee, this 18th day of December, 2012.



ATTEST:

SECRETARY OF STATE

DKT NO 112 | 02.21.2013 | DEFENDANT'S DEMAND FOR SUPPLEMENTAL DISCOVERY

IN THE CIRCUIT COURT OF THE EIGHTEENTH JUDICIAL CIRCUIT
IN AND FOR SEMINOLE COUNTY, FLORIDA

STATE OF FLORIDA vs. SHELLIE N. ZIMMERMAN

CASE NO: 59-2012-CF-001792-A

DEMAND FOR SUPPLEMENTAL DISCOVERY

COMES NOW, the above-named Defendant, pursuant to Rule 3.220, Florida Rules of Criminal Procedure, and demands that the State of Florida disclose to the undersigned counsel and permit him to inspect, copy, test and photograph the following information and material within the State's possession or control:

Address for the following State’s witnesses: Dawn Wilson and Kenneth Wilson Under Rule 3.220(j), the State has a continuing duty to disclose any and all witnesses and/or evidence.



I HEREBY CERTIFY that a copy of the foregoing has been furnished by facsimile/e-mail delivery John I. Guy, Esquire, Office of the State Attorney, Fourth Judicial Circuit, Duval County Courthouse Annex, 220 East Bay Street, Jacksonville, Florida 32202, this the 20^th day of February, 2013

	KELLY B. SIMS Florida Bar No. 0492760 Law Office of Kelly B. Sims, P.A. The Day Building 605 East Robinson Street, Suite 450 Orlando, Florida 32801 (407) 644-8881 Fax:(407) 841-3817 EM: Kelly@KBSimsLaw.com Attorney for Defendant

DKT NO 113 | 02.22.2013 | STATEMENT OF PARTICULARS

IN THE CIRCUIT COURT OF THE EIGHTEENTH JUDICIAL CIRCUIT
IN AND FOR SEMINOLE COUNTY, FLORIDA

STATE OF FLORIDA vs. SHELLIE N. ZIMMERMAN

CASE NO: 59-2012-CF-001792-A

STATEMENT OF PARTICULARS

The State of Florida, having been requested to furnish a Statement of Particulars setting forth “the exact statements made by Ms. Zimmerman that the State alleges to be perjurious,” submits the following statements made by the Defendant, after she had been placed under oath at the April 20, 2012, bond hearing of her husband, George Zimmerman:

During the course of said hearing, the Defendant made the following statements in response to the questions listed herein:

“None that I know of,” in response to the question, “Other major assets that you have which you can liquidate reasonably to assist in coming up with money for a bond?”

and /or

“Uhm, not - - not that I’m aware of, " in response to the question, “Are you of any financial means where you can assist in those costs ?”

and /or

“To my knowledge, that is correct,” in response to the question, “And you mentioned also, in terms of the ability of your husband to make a bond amount , that you all had no money, is that correct?”

and /or

“I do not, ” in response to the question, “Do you have any estimate as to how much money has already been obtained or collected?”

and /or



It should be noted that while complying herein with the Defendant’s Motion for Statement of Particulars, the State of Florida by no means intends to limit its presentation of evidence solely to the Defendant’s statements listed above.

CERTIFICATE OF SERVICE

I HERBY CERTIFY that a copy of the foregoing has been furnished by e-mail to Kelly B. Sims, Attorney for the Defendant, 605 East Robinson Street, Suite 250, Orlando, FL 32801, this 22nd day of February, 2012.



Angela B. Corey
STATE ATTORNEY

	John I. Guy Bar Number 971758 Assistant State Attorney

DKT NO 120 | 04.16.2013 | DEFENDANT'S SECOND MOTION TO DISMISS

IN THE CIRCUIT COURT OF THE EIGHTEENTH JUDICIAL CIRCUIT
IN AND FOR SEMINOLE COUNTY, FLORIDA

STATE OF FLORIDA vs. SHELLIE N. ZIMMERMAN

CASE NO: 59-2012-CF-001792-A

MOTION TO DISMISS OR, IN THE ALTERNATIVE, PETITION FOR WRIT OF QUO WARRANTO RE: EXECUTIVE ORDER 12-279

The Defendant, SHELLIE N. ZIMMERMAN, by and through undersigned counsel and pursuant to Florida Rule of Criminal Procedure 3.190(b), hereby moves this Honorable Court for issuance of an order dismissing the charge in the above-styled case. In the alternative, and pursuant to Article V, Section 5(b) of the Florida Constitution, and Florida Rule of Appellate Procedure 9.030(c)(3), Ms. Zimmerman petitions this Court for a writ of quo warranto finding that the Honorable ANGELA COREY, State Attorney for the Fourth Judicial Circuit of Florida, has exceeded her constitutional and statutory' authority by continuing the prosecution of the Defendant in the above-styled cause. More specifically, Ms. Zimmerman contends that Executive Order Number 12-279 which went into effect March 23, 2013, and purports to extend COREY’S assignment in this cause is void ab initio. This Court should dismiss the perjury charge in this cause or, alternatively, issue a writ of quo warranto finding that the Honorable ANGELA COREY, State Attorney for the Fourth Judicial Circuit of Florida, has exceeded her constitutional and statutory authority. As grounds, Ms. Zimmerman states:
1. The Honorable NORMAN WOLFINGER, State Attorney for the Eighteenth Judicial Circuit of Florida, advised Governor RICK SCOTT that the death of Trayvon Martin was currently under investigation. The Honorable NORMAN WOLFINGER, to avoid any appearance of conflict of interest or impropriety, voluntarily disqualified himself and requested the executive assignment of another State Attorney with respect to the investigation of this case and all related matters.
2. On March 22, 2012, Governor Rick Scott, pursuant to Section 27.14, Florida Statutes (2012), issued Executive Order Number 12-72, assigning the Honorable ANGELA COREY, State Attorney for the Fourth Judicial Circuit of Florida, to “discharge the duties of the Honorable NORMAN WOLFINGER, State Attorney for the Eighteenth Judicial Circuit of Florida, as they relate to the investigation and all matters pertaining to the death of Trayvon Martin."
3. On June 12, 2012, the State of Florida charged SHELLIE N. ZIMMERMAN, the Defendant/Petitioner, with one count of perjury alleging that, on April 20, 2012, she did “ knowingly make a false statement, which she did not believe to be true, under oath in an official proceeding, to wit: the Bond Hearing of George Zimmerman, regarding a material matter, contrary to the provisions of Section 837.02(1), Florida Statutes.” The information charging perjury was signed by John I. Guy, Designated Assistant State Attorney, under the authority of ANGELA COREY, the State Attorney for the Fourth Judicial Circuit of Florida. The State filed the Information in the Eighteenth Judicial Circuit, in and for Seminole County, Florida.
4. Ms. Zimmerman previously challenged COREY'S authority to prosecute this lawsuit contending that she acted improperly and in excess of her constitutional and statutory authority. Specifically, Ms. Zimmerman contended that COREY acted outside the scope of the power granted to her by the executive order signed by Governor Rick Scott. More specifically, Ms. Zimmerman contended that COREY had no authority to prosecute her for perjury at George Zimmerman’s bond hearing, which had no relation to “the investigation and all matters pertaining to the death of Trayvon Martin”. This Court denied any relief in the prosecution of the Defendant, Shellie Zimmerman.
5. Executive Order, Number 12-72, assigned COREY, State Attorney for the Fourth Judicial Circuit of Florida, for a period of one year, "to and including March 22, 2013." On December 18, 2012, Governor Scott signed Executive Order Number 12-279, which purported to reaffirm Executive Order 12-72 and extend the time of COREY'S assignment for an additional period of one year, "to and including March 22, 2014." That extention, Executive Order Number 12-279, thus took effect on March 23, 2013. COREY has continued to prosecute Ms. Zimmerman under the purported authority of this extension.
6. Section 27.14(1), Florida Statutes (2012) provides:
(1) If any state attorney is disqualified to represent the state in any investigation, case, or matter pending in the courts of his or her circuit or if, for any other good and sufficient reason, the Governor determines that the ends of justice would be best served, the Governor may, by executive order filed with the Department of State, either order an exchange of circuits or of courts between such state attorney and any other state attorney or order an assignment of any state attorney to discharge the duties of the state attorney with respect to one or more specified investigations, cases, or matters specified in general in the executive order of the Governor. Any exchange or assignment of any state attorney to a particular circuit shall expire 12 months after the date of issuance, unless an extension is approved bv order of the Supreme Court upon application of the Governor showing good and sufficient cause to extend such exchange or assignment (Emphasis added.)
7. Since Governor Scott did not apply for, nor did the Supreme Court of Florida approve, the extension of the executive assignment of COREY in this cause for an additional year, COREY has no authority or power to prosecute Ms. Zimmerman. This Court should grant this motion to dismiss or, in the alternative, issue a writ of quo warranto finding that COREY, State Attorney for the Fourth Judicial Circuit of Florida, has exceeded her constitutional and statutory authority by continuing the prosecution of Ms. Zimmerman in the above-styled cause.
8. This Court has jurisdiction. In addition to the fact that this Court is assigned to the above-styled case, Article V, Section 5(b) of the Florida Constitution, and Florida Rule of Appellate Procedure 9.030(c)(3), gives all circuit courts original jurisdiction to issue writs of mandamus, prohibition, quo warranto, common law certiorari, and habeas corpus, and all writs necessary to the complete exercise of the court's jurisdiction.
9. Special Prosecutor COREY is a state officer. See Hall v. State. 187 So. 392, 398 (Fla. 1939). A petition for writ of quo warranto is the proper vehicle for a criminal defendant to challenge the scope of the authority of a state attorney assigned by the governor to prosecute a case in another circuit. See Austin v. State ex rel. Christian. 310 So. 2d 289 (Fla. 1975); Carey v. State. 349 So.2d 820 (3d DCA 1977), and State v. Viscito. 349 So.2d 196 (Fla. 3d DCA 1977). See also Johnson v. Office of the State Attorney. Etc.. 987 So. 2d 206 (Fla. 5 th DCA 2008) (Petitioner, who raised the issue in post-conviction, waived the right to challenge the authority of the prosecuting authority by not timely filing a direct quo warranto petition in the trial court.) As the Florida Supreme Court recently stated: “We continue to hold that a conviction resulting from an information signed by a state officer lacking authority is not void ab initio but is, at most, voidable upon timely challenge." Carbajal v. State. 75 So. 3d 258, 264 (Fla. 2011). Based on the foregoing authority, Ms. Zimmerman now, prior to trial and shortly after COREY’s authority has expired, challenges her power and authority to continue the prosecution.
10. Section 27.14(1), Florida Statutes, provides a limited exception to this rule. The electorate of the Eighteenth Judicial Circuit is entitled to have its prosecutorial decisions made by its elected official unless that elected official is disqualified or there is a "good and sufficient reason" for the assignment of a Special Prosecutor. Additionally, the statute clearly states: “ Any exchange or assignment of any state attorney to a particular circuit shall expire 12 months after the date of issuance...” . The statute provides a time limit for a reason. “The purpose of the time limitation in the statute is to prevent the Chief Executive from frustrating the will of the voters of a judicial circuit by replacing any elected state attorney with one chosen by the Governor from another circuit.” Finch v, Fitzpatrick. 254 So. 2d 203, 205 (Fla. 1971). The limitation on the length of time for the executive assignment of a special prosecutor, pursuant to Section 27.14, Florida Statutes, has gradually extended over the last several decades. The 1970 version of the statute provided for a 60 day limitation within one calendar year . Just like the language contained in the current statute, any excess of that time period required approval by order of the Supreme Court upon application of the Governor, showing good and sufficient cause for the extension of the assignment. Finch v. Fitzpatrick. 254 So. 2d 203 (Fla. 1971). By 1975, the length of the executive assignment had increased to six months with any extension requiring the identical procedure for application and approval by the Supreme Court. §27.14, Fla. Stat. (1975).
CONCLUSION AND PRAYER FOR RELIEF

WHEREFORE, the Defendant/Petitioner, SHELLIE N. ZIMMERMAN, asks this Honorable Court to grant this motion to dismiss or, in the alternative issue a writ of quo warranto re: Executive Order No. 12-279 to preclude Special Prosecutor, Angela Corey, State Attorney for the Fourth Judicial Circuit of Florida, from prosecuting her in the above-styled cause.

CERTIFICATE OF SERVICE

I HEREBY CERTIFY that a copy of the foregoing has been furnished by facsimile/mail delivery to the Honorable Angela B. Corey, State Attorney, Office of the State Attorney, Fourth Judicial Circuit, Duval County Courthouse Annex, 220 East Bay Street, Jacksonville, Florida 32202 and John I. Guy, Esquire, Office of the State Attorney, Fourth Judicial Circuit, Duval County Courthouse Annex, 220 East Bay Street, Jacksonville, Florida 32202, this the day of April, 2013.

	KELLY B. SIMS Florida Bar No. 0492760 Law Office of Kelly B. Sims, P.A. The Day Building 605 East Robinson Street, Suite 450 Orlando, Florida 32801 (407) 644-8881 Fax:(407) 841-3817 EM: Kelly@KBSimsLaw.com Attorney for Defendant

DKT NO 136 | 05.08.2013 | AMENDED DESIGNATION OF THE ASSISTANT STATE ATTORNEY

AMENDED
DESIGNATION OF ASSISTANT STATE ATTORNEY PURSUANT TO
EXECUTIVE ORDER OF THE GOVERNOR #12-279
WHEREAS, the Honorable Rick Scott, Governor of the State of Florida, has appointed the Honorable Angela B. Corey, the undersigned State Attorney for the Fourth Judicial Circuit of Florida, by Executive Order #12-279 to the Eighteenth Judicial Circuit of Florida to represent the State of Florida concerning an investigation into the death of Trayvon Martin; and
WHEREAS, the undersigned State Attorney has advised the Governor that the duties required by the previous executive assignment have not yet been completed as the cases filed against George Zimmerman and Shellie Zimmerman as a result of the investigation are pending; and
WHEREAS, the undersigned State Attorney has further advised the Governor that an extension of this assignment is necessary in order to complete the assigned duties; and
WHEREAS, it is in the best interests of the State of Florida and the ends of justice that the assignment of the undersigned State Attorney be continued with respect to the above matters, pursuant to Section 27.14, Florida Statutes.
Pursuant to Executive Order #12-279, Bernardo E. de la Rionda, Assistant State Attorney, John I. Guy, Assistant State Attorney, Richard W. Mantei, Assistant State Attorney, Mark A. Caliel, Assistant State Attorney, Cheryl R. Peek, Assistant State Attorney, T.C. O’Steen, Investigator, Dale Gilbreath, Investigator, Dave Bisplinghoff, Investigator, Scott R. Hughes, Investigator, Ernest Edwards, Investigator, Brian Barnhart, Investigator, Robert Hinson, Investigator are hereby designated to handle the investigation, prosecution and representation of the State of Florida in the foregoing matter.


DATED this 2nd day of May, 2013

DKT NO 152 | 08.22.2013 | DEFENDANT NOTICE OF COUR PROCEEDING

IN THE CIRCUIT COURT OF THE EIGHTEENTH JUDICIAL CIRCUIT
IN AND FOR SEMINOLE COUNTY, FLORIDA

STATE OF FLORIDA vs. SHELLIE N. ZIMMERMAN

CASE NO: 59-2012-CF-001792-A

NOTICE OF COURT PROCEEDING

TO:
John Guy, Esquire
Assistant State Attorney Shellie Zimmerman
Defendant

YOU ARE HEREBY NOTIFIED that the undersigned will on the 28^th day of August, 2013, at the hour of 9:00 o'clock A.M. or as soon as possible thereafter, call up before the Honorable Marlene M. Alva, Judge of the above-styled Court, in Courtroom 5-C of the Criminal Justice Center, 101 Bush Boulevard, Sanford, Florida, 32773, the following court proceeding in the above-styled cause:
STATUS HEARING

I HEREBY CERTIFY that a copy of the foregoing has been furnished by Email delivery to John I. Guy, Esquire, Office of the State Attorney, Fourth Judicial Circuit, Duval County Courthouse Annex, 220 East Bay Street, Jacksonville, Florida 32202, this the 20^th day of August, 2013.

	KELLY B. SIMS Florida Bar No. 0492760 Law Office of Kelly B. Sims, P.A. The Day Building 605 East Robinson Street, Suite 450 Orlando, Florida 32801 (407) 644-8881 Fax:(407) 841-3817 EM: Kelly@KBSimsLaw.com Attorney for Defendant

DKT NO 153 | 08.28.2013 | PLEA HEARING

IN THE CIRCUIT COURT OF THE EIGHTEENTH JUDICIAL CIRCUIT
IN AND FOR SEMINOLE COUNTY, FLORIDA
Page: 1
Case # 2012CF001792A
OBTS # 5901122989 08/28/2013 9:45 AM
STATE OF FLORIDA vs ZIMMERMAN, SHELLIE N




Agency: SOSCCD: 5CLog: 934Tape:
PLEA HEARING Opened At 08:53 AM on 08/28/2013 In Courtroom 5C, With the Following:

Circuit Judge:MARLENE M ALVA Deputy Clerk:SARA MYNATT

State Attorney:JOHN GUY Defense Attorney:KELLY SIMS

Public Defender: Deputy Sheriff/Bailiff:DON MARLOW

Court Reporter:JENNIFER HIBBARD

Charge(s)

Description Citation Bond Bondsman
1 PERJURY IN OFFICIAL PROCEEDINGS X60108219 MAGIC US

Defendant Was: Present for PLEA HEARING, Advised of Rights, Sworn
State Attorney JOHN GUY Was Present
Defense Attorney KELLY SIMS Was Present


For Charge: 1 PERJURY NOT IN OFFICIAL PROCEEDINGS
Defendant entered a plea of Guilty to the Lesser Included Charge of PERJURY NOT IN OFFICIAL PROCEEDINGS 837.012
M-1
The Court found factual basis
The Court accepted plea
The Court waived PSI
The Court proceeded to sentencing


A COPY OF THE LETTER OF APOLOGY TO JUDGE LESTER WAS FILED IN OPEN COURT

Judge:

RECEIPT OF DEFENDMPT:
I hereby acknowLedge receipt of the foregoing

Defendant's Signature Address (include City, State & Zip) Phone Number



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, Court Administration, 301 North Park Avenue, Sanford, FL 32771, telephone number (407) 665-4227 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.











Page: 2
Case # 2012CF001792A
OBTS # 5901122989 08/28/2013 9:45 AM
STATE OF FLORIDA vs ZIMMERMAN, SHELLIE N




WITNESS THE CLERK AND SEAL ON 08/28/2013, and I hereby furnish the above named defendant a true copy hereof, and furnished other true copies to those indicated below:

✓Probation

Sheriff/Bondsman

XDefendant

✓Defense Attorney

Clerk's Finance

By:
	Maryanne Morse Clerk of the County Court

DKT NO 154 | 08.28.2013 | JUDGMENT & SENTENCE

IN THE CIRCUIT COURT OF THE EIGHTEENTH JUDICIAL CIRCUIT
IN AND FOR SEMINOLE COUNTY, FLORIDA

( ) VICTIM IS A MINOR ( ) RESENTENCING - RETRIAL ( ) PROBATION VIOLATOR ( ) COMMUNITY CONTROL VIOLATOR ( ) DRUG OFFENDER VIOLATOR

CASE NO. 2012CF001792A OBTS# 5901122989 COURT REPORTER JENNIFER HIBBARD

STATE OF FLORIDA vs. SHELLIE N. ZIMMERMAN DEFENDANT

MINUTES, JUDGMENT AND SENTENCE

COURT WAS OPENED WITH THE HONORABLE MARLENE M ALVA PRESIDING, AND IN ATTENDANCE: ASSISTANT STATE ATTORNEY JOHN GUY; COURT CLERK SARA MYNATT.
THE DEFENDANT, SHELLIE N ZIMMERMAN, BEING PERSONALLY BEFORE THIS COURT REPRESENTED BY KELLY SIMS, ATTORNEY OF RECORD AND HAVING:
(X) ENTERED A PLEA OF GUILTY AS TO COUNT 1






CCOUNT CRIME STATUTE DEGREE
1 PERJURY IN OFFICIAL PROCEEDINGS 837.012 M-1 (X) BOND X60108219 RELEASED
( ) REVOKED PROBATION/COMMUNITY CONTROL
(X) ADJUDICATION WITHHELD AS TO COUNT 1 IT IS ORDERED THAT ADJUDICATION OF GUILT BE WITHHELD OF THE ABOVE CRIME(S)
( ) AND PURSUANT TO SEC. 943.325, F.S. HAVING BEEN CONVICTED OF ATTEMPTS OR OFFENSES RELATING TO CHAPTERS 794 OR 800; SS 782.04, 784.05, 810.02, 812.133 OR 812.135, F.S., THE DEFENDANT SHALL BE REQUIRED TO SUBMIT TWO BLOOD SPECIMENS.
DISTRIBUTION: WHITE-COURT FILE; GREEN-SHERIFF; YELLOW-STATE ATTORNEY; PINK-PROBATION & PAROLE; GOLDENROD-DEFENSE ATTORNEY

__ DEPT OF CORRECTIONS(2) __ SENTENCING GUIDELINES COMMISSION








Page: 2
Case # 2012CF001792A
OBTS # 5901122989 08/28/2013 9:45 AM
STATE OF FLORIDA vs ZIMMERMAN, SHELLIE N




ORDER OF PROBATION/COMMUNITY SCHOOL

For Charge: 1 PERJURY NOT IN OFFICIAL PROCEEDINGS
PROBATION:
The Court orders and adjudges that the imposition of sentence is hereby withheld as to Count(s) 1 and places the Defendant on Probation for a period of 1 Years under the supervision of the Department of Corrections according to the conditions set forth in this order.

You are hereby placed on notice that the Court may at any time rescind or modify any of the conditions of your probation/community control, or may extend the period of probations authorized by law, or may discharge you from further supervision. If you violate any of the conditions of your probation/community control, you may be arrested, and the Court may revoke your probation/community control, adjudicate you guilty if adjudication of guilt was withheld, and impose any sentence which it may have imposed before placing you on probation/community control, or require you to serve the balance of said sentence. It is further ordered that when you have been instructed as to the conditions of probation, you shall be released from custody if you are in custody, and if you are at liberty on bond, the sureties thereon shall stand discharged from liability. It is further ordered that the clerk of this Court file this order in the clerk's office and provide certified copies of same to the officer for use in compliance with the requirements of law.

The Defendant was advised of his right to appeal from this judgment by filing notice of appeal with the Clerk of the Circuit Court within 30 days following the date sentence is imposed or probation is ordered pursuant to this adjudication. The Defendant was also advised of his right to the assistance of counsel in taking said appeal at the expense of the State upon showing of indigency.

Done and Ordered at Sanford, Seminole County, Florida, 08/28/2013

Judge:

I acknowledge receipt of a certified copy of this Order and that the conditions have been explained to me. I will, within 72 hours, report to the Department of Corrections, Probation & Parole Office, for further instructions.

	PROBATIONER/COMMUNITY CONTROLEE

STANDARD CONDITIONS OF PROBATION:
(1) You will report to the probation officer as directed.
(2) You will pay the State of Florida $50.00 per month plus any other statutory surcharge toward the cost of your supervision, unless otherwise waived in compliance with Florida Statutes.
(3) You shall pay a related cost of $1.00 for each month of your probationary term. The amount due, up to $60.00, shall be paid within the first ninety (90) days after the beginning of your probationary sentence. Further payments, if any, shall be paid in accordance with a schedule to be established by your officer, if the offender agrees, or the court.
(4) You will not change your residence or employment or leave the county of your residence without first procuring the consent of your Probation Officer or Community Control Officer.
(5) You will not possess, carry, or own any firearm. You will not possess, carry, or own any weapons without first procuring the consent of your community control or probation officer.
(6) You will live without violating any law. A conviction in a court of law is not necessary for such a violation of law to constitute a violation of your probation, community control or any other form of court ordered supervision.
(7) You will not associate with any person engaged in any criminal activity
(8) You will not use intoxicants to excess or possess any drugs or narcotics unless prescribed by a physician, nor will you visit places where intoxicants, drugs, or other dangerous substances are unlawfully sold, dispensed, or used.
(9) You will work diligently at a lawful occupation, advise your employer of your Probation or Community Control status, and support any other dependents to the best of your ability, as directed by your Probation or Community Control Officer.
(10) You will promptly and truthfully answer all inquiries directed to you by the Court or any Probation or Community Control Officer, and allow your Officer to visit in your home, at your employment site or elsewhere, and you will comply with all instructions your officer may give you.
(11) You will report in person within/by 1PM TODAY to the Probation and Parole Office in Seminole County, Florida, unless otherwise instructed by your Probation or Community Control Officer,
(12) You will submit to urinalysis, breathalyzer, or blood test at any time requested by your Probation or Community Control Officer, or the professional staff of any treatment center where you are receiving treatment, to determine the presence or use of alcohol or controlled substances. ( ) Pay the costs of said tests.
(13) You will submit to the taking of a digitized photograph by the department. This photograph may be displayed on the department's website while you are on supervision, unless exempt from disclosure due to requirements of s. 119.07 F.S.
(14) If you are on probation for any offense specified in Section 943.325, Florida Statutes, or have been previously convicted in this state of any offense specified in Section 943.325, Florida Statutes, you are required to submit a DNA sample to the Florida Department of Law Enforcement. This sample shall be submitted in an approved manner as directed by Department of Corrections staff within thirty (30) days unless otherwise directed by the court.
(15) You shall submit to the taking of a digitized photograph as required by s.948.03, Florida Statutes.









Page: 4
Case # 2012CF001792A
OBTS # 5901122989 08/28/2013 9:45 AM
STATE OF FLORIDA vs ZIMMERMAN, SHELLIE N




ORDER OF COURT COSTS/FINES/JUDGMENT
You will pay the following Court Costs/Fines to:
CLERK OF THE COURT
P.O. Box 850, Sanford, FL 32772-0850
www.seminoleclerk.org
Street Address: 101 Bush Boulevard, Sanford, FL 32773


For Charge: 1 PERJURY NOT IN OFFICIAL PROCEEDINGS
As a special condition of probation/community control
$60.00 Additional court costs (FS 938.05(1))
$65.00 Additional court costs (FS 939.185(1)(a) & Seminole County Ord 2004-37) (Judgment)
$50.00 Crime Compensation TF (FS 938.03(1))
$3.00 CJT (FS 938.01) and $2.00 CJE (FS 938.15)
$3.00 Teen Court Program (FS 938.19(2))
$10.00 Costs per Administrative Order 00-04S
$20.00 Crime Stoppers TF (FS 938.06(D)
$213.00 SUBTOTAL STANDARD COSTS

$50.00 Cost of Prosecution (FS 938.27)
$50.00 SUBTOTAL ADDITIONAL ASSESSMENTS

$263.00 TOTAL COSTS IMPOSED For Charge: 1 PERJURY NOT IN OFFICIAL PROCEEDINGS Total Costs (unless otherwise indicated above) Due by 1/25/2014.


$263.00 GRAND TOTAL COURT COSTS/FINES


The Court further orders that Maryanne Morse, Clerk of the Circuit Court, 301 N. Park Avenue, Sanford, Florida 32771-1243, on behalf of the State of Florida, recover from the defendant, SHELLIE N ZIMMERMAN,, SANFORD, FL 32771, all the above costs, and previously unpaid costs, in the total sum of $65.00, which shall bear interest at the rate of 4.75% per year, for which let execution issue.

Done and Ordered at Sanford, Seminole County, Florida, 08/28/2013

Judge:

For Charge: 1 PERJURY NOT IN OFFICIAL PROCEEDINGS
It is further ordered that the Defendant shall comply with the following SPECIAL CONDITIONS OF PROBATION/COMMUNITY CONTROL that have been checked below:

t. Letter of apology to JUDGE LESTER to be written within 30 days to be sent through the Department of Corrections.
u. As directed by your Probation Officer/Community Service Officer, you will perform 100 community service hours for a tax supported or tax exempt entity, with the consent and under the supervision of such entity, at the rate of 10 hours per month. Any insurance cost assessed will be paid in advance per administrative order
gg. Other: IF THE DEFENDANT’S CHURCH IS AN APPROVED SITE BY D.O.C., THEN THE COURT HAS NO OBJECTION TO THE SITE FOR COMMUNITY SERVICE HOURS. SUPERVISION MAY BE TRANSFERRED TO COUNTY OF RESIDENCE. THE COURT HAS NO OBJECTION TO TRAVELING OUTSIDE THE STATE OF FLORIDA, FOR VERIFIABLE WORK PURPOSES.

DKT NO 189 | 08.28.2013 | PLEA AGREEMENT

IN THE CIRCUIT COURT OF THE EIGHTEENTH JUDICIAL CIRCUIT
IN AND FOR SEMINOLE COUNTY, FLORIDA

STATE OF FLORIDA vs. SHELLIE N. ZIMMERMAN

CASE NO: 59-2012-CF-001792-A

PLEA AGREEMENT
(Rule 3.171)
The undersigned defendant withdraws the previously entered plea(s) of not guilty and tenders a plea of (✓) guilty, ( ) no contest as follows
CASE NUMBER OFFENSE MAXIMUM SENTENCE MINIMUM
59-2012-CF-1792-A Perjury When Not in an Official Proceeding, FS 837.012 M1 = Max of 1 Year County Jail, 1 Year Probation, $1,000 Fine If my plea is guilty, I hereby acknowledge that I am in fact guilty of the foregoing offenses. When asked by the Judge, I will provide a factual basis to support my plea. If my plea is no contest, I believe such plea is in my best interest and recognize that the Judge will find me guilty after being provided as a factual basis
The State of Florida and I have agreed upon the following sentence to be imposed as a condition of this plea:
CASE NUMBER OFFENSE SENTENCE
59-2012-CF-1792-A Perjury When Not in an Official Proceeding, FS 837.012 (5) = W/H, 1 Yr. Prob., Letter of Apology to J. Lester, 100 hrs Commn Svc, Cart Costs I understand that if probation is a part of my sentence that the court may impose conditions of probation authorized by law, including restitution and public service and, unless conditions are specifically attached hereto, those conditions are by this agreement left to the discretion of the court. I further understand that statutory costs may be imposed as a part of my sentence unless those costs are waived by the court.
I have the right to plead not guilty and to be tried by a jury with the assistance of a lawyer, the right to compel attendance of witnesses on my behalf, the right to confront and cross examine witnesses against me, the right to present defenses to the jury, and the right to take the witness stand and testify on my own behalf. I also have the right not to take the witness stand and cannot be compelled to incriminate myself. I give up these rights by entering this plea.
I understand that if I enter a plea without reserving the right to appeal, I will give up my right to appeal all matters relating to the judgment, including the issue of guilt or innocence except for the limited review available by collateral attack. I also give my right to appellate review on any pretrial rulings made by the court unless such right is specifically reserved in this agreement.
I understand that I may be asked questions by the Judge under oath about this plea and that my answers, if untruthful, may be used against me later in a prosecution for perjury.
I enter this plea freely and voluntarily. No person has forced, threatened or coerced me into entering this plea.
I am satisfied with the representation my lawyer has given me and I have fully discussed my case, including any defenses I may have, and the contents of this agreement.
I have discussed the physical evidence that may be available in my case with my lawyer, including physical evidence that may tend to prove I did not commit the crime(s) charged, such as DNA evidence. I am satisfied there is no such evidence in my case or I hereby waive any claim of innocence that may be established by the physical evidence, including DNA testing.
I am relying upon no promises or assurances except as contained in this agreement.
I understand that if I enter a plea to a felony offense or a sex offense I must register as a convicted felon or as a sex offender as required by law. If I am pleading to a sex offense, I have been advised by my lawyer that my liberty may be restricted, including but not limited to, where I may live, where I may work and with whom I may have contact.
I understand that if I am pleading guilty or no contest to a sexually violent offense or a sexually motivated offense, or if I have previously been convicted of such an offense, I may be subject to involuntary civil commitment as a sexually violent predator upon completion of any prison sentence.
I understand that if I am not a United States Citizen, entry of this plea may subject me to deportation by the United States Immigration Service.
I understand that if the offense to which I am entering a plea is one for which automatic mandatory driver’s license suspension or revocation is required by law to be imposed either by the court or by a separate agency, my plea will provide the basis for the suspension or revocation of my driver’s license.
I do not suffer from any physical or mental disabilities to the degree that I am incapable of understanding this agreement, the nature of the proceeding against me, or assisting my lawyer in my behalf. I am not under the influence of alcohol or any drug at this time. I hereby give up my right to a speedy trial.
If I am not in custody,I acknowledge that part of the plea agreement in this case includes my continued release pending sentencing on bond, pretrial release or release on recognizance. I understand that this portion of the plea agreement is conditioned upon the following requirements:
(1) If a presentence investigation has been ordered, I must appear at the Department of Corrections office as directed by the court and schedule a presentence investigation not later than the first business day following the entry of my plea.
(2) I must obey the order of the court requiring me to undergo drug or alcohol screening or for other evaluation if such an order has been made in my case.
(3) I must appear on time for all appointments with the assigned probation officer and not be under the influence of any illegal drugs or alcohol.
(4) I must appear in court on time for sentencing and not be under the influence of any illegal drugs or alcohol

I realize that this agreement will be provisionally accepted upon entry of my plea and is subjected to being accepted or rejected by the Judge at any time prior to the sentence being imposed, and if it is rejected for any reason other than for a breach of this agreement, I may withdraw my plea and go to trial.

I acknowledge receipt of a copy of the notice for my sentencing date. I understand and agree that if I fail to comply with any of the conditions set forth above I will have breached my plea agreement. In that event, I will not be allowed to withdraw my plea and the Judge may sentence me to any sentence authorized by law for the offense(s) to which I have pled.


Assistant State Attorney Defendant
Date of birth: 03/18/87
Age: 26

CERTIFICATE OF ASSISTANT STATE ATTORNEY

I hereby certify that I have disclosed items of physical evidence which may be favorable to the defendant, including any possible DNA evidence, by list or description of this information will be disclosed at the time of entry of the plea

	Assistant State Attorney Fla. Bar No. 971758

CERTIFICATE OF DEFENSE ATTORNEY

I certify that I have fully discussed this case and this plea agreement with the defendant including the nature of the charges, their elements, the evidence of which I am aware, any possible defenses, the maximum and minimum penalties which may be imposed, the probable guideline range and the defendant’s right to appeal

I am not aware of any DNA testing that may exonerate the defendant.

	Counsel for Defendant Fla. Bar No. 0492760

SWORN TO, SIGNED AND FILED IN OPEN COURT, IN MY PRESENCE AND PROVISIONALLY ACCEPTED BY ME THIS 28TH DAY OF AUGUST, 2013

	CIRCUIT JUDGE

Rev. 10/30/09

DKT NO 190 | 08.28.2013 | APOLOGY

August 28, 2013
Dear Judge Lester,
I would like to take this opportunity to apologize to you for lying under oath. On April 20, 2012, I testified that my husband and I had no money to put towards a bond. At that time, we could have paid for a bond out of the contributions to my husband's legal fund. I was aware that what I was saying was not true and chose to take a path that I now regret with all my heart. This is not who I am or the person that I want to be. By lying under oath, I let my God down, I let your Honor and the court down, I let my family and friends down, and, most of all, I let myself down. In the future, no matter what the consequences, I will tell the truth because in the end all you have is your integrity. I promise, your Honor, to work hard to restore mine before the eyes of my God and the world.
Over the last sixteen months, I have become intimately aware of the justice system, and the absolute importance of all parties being truthful. By entry of this plea of guilty, I admit as true all of the facts contained in the State’s probable cause affidavit, filed in this case. Knowing that, legally, I am guilty of a felony, I appreciate Mr. Guy, Ms. Corey, and the Office of the State Attorney in Jacksonville allowing me to enter into this plea to a lesser included misdemeanor and thereby have the opportunity to continue in my quest to serve my community, one person at a time.
I am a Christian, and I know the words of the Bible, especially those of Jesus in the Gospel of John 8:32. I am sorry that I had forgotten this passage and forevermore I promise to remember, “The truth will set you free”.


Sincerely,

	Shellie Zimmerman

DKT NO 191 | 08.29.2013 | DISCHARGE

IN THE CIRCUIT COURT OF THE EIGHTEENTH JUDICIAL CIRCUIT
IN AND FOR SEMINOLE COUNTY, FLORIDA

STATE OF FLORIDA vs. SHELLIE N. ZIMMERMAN DEFENDANT

CASE NO. A 2012-CF-001792-A POWER OF ATTORNEY NO. X60108219 CHARGE(S): 1 PERJURY IN OFFICIAL PROCEEDINGS

AGENT: MAGIC BAIL BONDS 1610 TROPIC PARK DR SANFORD, FL 32773

SURETY/INSURANCE COMPANY: U S SPECIALTY INSURANCE COMPANY 1000 NW 14TH ST MIAMI, FL 33136

CERTIFICATE OF DISCHARGE BOND

THIS IS TO CERTIFY THAT ON THIS DAY, I EXAMINED THE RECORDS OF CIRCUIT COURT AND FOUND THAT THE BOND WITH CORRESPONDING POWER NUMBER HAS BEEN DISCHARGED OF RECORD
PERSON RENDERING DECISION: MARLENE M ALVA.

DATE OF DISCHARGED: AUGUST 28, 2013.
WITNESS MY HAND AND OFFICIAL SEALTHIS 28th DAY OF AUGUST, 2013




MARYANNE MORSE
CLERK OF THE CIRCUIT COURT AND COMPTROLLER

BY
Deputy Clerk

DKT NO 209 | 01.31.2014 | SATISFACTION OF JUDGMENT

IN THE CIRCUIT COURT OF THE EIGHTEENTH JUDICIAL CIRCUIT
IN AND FOR SEMINOLE COUNTY, FLORIDA

STATE OF FLORIDA vs. SHELLIE N. ZIMMERMAN PO BOX 952469 LAKE MARY, FL 32795

CASE NO: 2012-CF-001792-A

SATISFACTION OF JUDGMENT
The undersigned Clerk, on behalf of the State of Florida on this 31th day of January, 2014, acknowledges receipt from Shellie N Zimmerman of $65.00 for Court Costs, in full payment and satisfaction of the Judgment rendered in the Circuit in and for the State of Florida in Case No. 2012-CF-001792- A, a certified copy of said Judgment recorded in Official Records Book 8113, Page 1557/1558 of the Public Records of SEMINOLE County, Florida.
The undersigned Clerk, on behalf of the State of Florida, does hereby declare that said Judgment is satisfied and discharged of record.




CERTIFIED COPY - MARYANNE MORSE
CLERK OF THE CIRCUIT COURT AND COMPTROLLER
SEMINOLE COUNTY, FLORIDA
BY DEPUTY CLERK



CERTIFIED COPY - MARYANNE MORSE
CLERK OF THE CIRCUIT COURT AND COMPTROLLER
SEMINOLE COUNTY, FLORIDA
BY DEPUTY CLERK







IN THE CIRCUIT COURT OF THE 18TH JUDICIAL CIRCUIT iN AND FOR SEMINOLE COUNTY, FLORIDA
Page: 1
Case # 2012CF001792A
OBTS # 5901122989 08/28/2013 9:45 AM
STATE OF FLORIDA vs ZIMMERMAN, SHELLIE N




ORDER OF COURT COSTS/FINES/JUDGMENT
You will pay the following Court Costs/Fines to:
CLERK OF THE COURT
P.O. Box 850, Sanford, FL 32772-0850
www.seminoleclerk.org
Street Address: 101 Bush Boulevard, Sanford, FL 32773


For Charge: 1 PERJURY NOT IN OFFICIAL PROCEEDINGS
As a special condition of probation/community control
$60.00 Additional court costs (FS 938.05(1))
$65.00 Additional court costs (FS 939.185(1)(a) & Seminole County Ord 2004-37) (Judgment)
$50.00 Crime Compensation TF (FS 938.03(1))
$3.00 CJT (FS 938.01) and $2.00 CJE (FS 938.15)
$3.00 Teen Court Program (FS 938.19(2))
$10.00 Costs per Administrative Order 00-04S
$20.00 Crime Stoppers TF (FS 938.06(D)
$213.00 SUBTOTAL STANDARD COSTS

$50.00 Cost of Prosecution (FS 938.27)
$50.00 SUBTOTAL ADDITIONAL ASSESSMENTS

$263.00 TOTAL COSTS IMPOSED For Charge: 1 PERJURY NOT IN OFFICIAL PROCEEDINGS Total Costs (unless otherwise indicated above) Due by 1/25/2014.


$263.00 GRAND TOTAL COURT COSTS/FINES


The Court further orders that Maryanne Morse, Clerk of the Circuit Court, 301 N. Park Avenue, Sanford, Florida 32771-1243, on behalf of the State of Florida, recover from the defendant, SHELLIE N ZIMMERMAN,, SANFORD, FL 32771, all the above costs, and previously unpaid costs, in the total sum of $65.00, which shall bear interest at the rate of 4.75% per year, for which let execution issue.

Done and Ordered at Sanford, Seminole County, Florida, 08/28/2013

Judge:

CERTIFIED COPY - MARYANNE MORSE
CLERK OF THE CIRCUIT COURT AND COMPTROLLER
SEMINOLE COUNTY, FLORIDA
BY DEPUTY CLERK