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   State Courts - Florida - January 19, 2007

  
A.H. v. State, CASE NO. 1D06-0162, COURT OF APPEAL OF FLORIDA, FIRST DISTRICT, January 19, 2007, Opinion Filed
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Overview: As a compelling state interest in preventing the production of photographs of a minor engaged in sexual activity existed and criminal prosecution was the least intrusive means of furthering that interest, a juvenile delinquency adjudication for a violation of 827.071(3), Fla. Stat. (2005), was upheld on appeal.

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Barco v. Sch. Bd., Case No. 2D05-4915, COURT OF APPEAL OF FLORIDA, SECOND DISTRICT, January 19, 2007, Opinion Filed
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Del Valle v. State, Case No. 5D06-3411, COURT OF APPEAL OF FLORIDA, FIFTH DISTRICT, January 19, 2007, Opinion Filed
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Overview: Because an inmate's Fla. R. Crim. P. 3.800(c) motion to mitigate sentence was filed within the 60 days of a mandate affirming the judgment and sentence, the trial court possessed jurisdiction to consider its merits; consequently, its order denying the motion departed from the essential requirements of law entitling the inmate to certiorari relief.

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Dellofano v. State, Case No. 5D06-2805, COURT OF APPEAL OF FLORIDA, FIFTH DISTRICT, January 19, 2007, Opinion Filed
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Overview: Because a forfeiture of 98 days of a probationer's previously earned credit under § 944.28, Fla. Stat., thwarted the intent of the parties and sentencing court, the trial court erred in summarily denying the probationer's motion to enforce his plea agreement.

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Dep't of Children & Families v. Alvarado, Case No. 5D06-3442, COURT OF APPEAL OF FLORIDA, FIFTH DISTRICT, January 19, 2007, Opinion Filed
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Dorelien v. Jean, CASE NO. 1D05-3546, COURT OF APPEAL OF FLORIDA, FIRST DISTRICT, January 19, 2007, Opinion Filed
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Edwards v. State, Case No. 5D05-3897, COURT OF APPEAL OF FLORIDA, FIFTH DISTRICT, January 19, 2007, Opinion Filed
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Hartley v. State, Case No. 2D05-5728, COURT OF APPEAL OF FLORIDA, SECOND DISTRICT, January 19, 2007, Opinion Filed
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Hernandez v. Hernandez, Case No. 5D06-1230, COURT OF APPEAL OF FLORIDA, FIFTH DISTRICT, January 19, 2007, Opinion Filed
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Overview: Because the son named as personal representative in the father's will met the statutory criteria to serve, and because a dispute with his brother was not an exceptional circumstances, the trial court erred in denying the son's § 733.301(1)(a)1., Fla. Stat. (2005) petition to be appointed as personal representative of the father's estate.

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L.R. v. State, Case No. 2D05-5505, COURT OF APPEAL OF FLORIDA, SECOND DISTRICT, January 19, 2007, Opinion Filed
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Overview: While sufficient evidence of the required elements of battery on a law enforcement officer supported an adjudication of delinquency, because the trial court's reasons for departing from the disposition recommended by the Department of Juvenile Justice were insufficient, said departure was reversed, and a new disposition hearing was ordered.

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