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   State Courts - Florida - January 16, 2008

  
O'Riley v. State, Case No. 2D06-4970, COURT OF APPEAL OF FLORIDA, SECOND DISTRICT, January 16, 2008, Opinion Filed
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Pfrengle v. Pfrengle, Case Nos. 2D05-2175, 2D06-195, Case No. 2D05-2202 CONSOLIDATED, COURT OF APPEAL OF FLORIDA, SECOND DISTRICT, January 16, 2008, Opinion Filed
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Ramirez v. State, No. 3D07-2435, COURT OF APPEAL OF FLORIDA, THIRD DISTRICT, January 16, 2008, Opinion Filed
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Richardson v. State, No. 4D06-3882, COURT OF APPEAL OF FLORIDA, FOURTH DISTRICT, January 16, 2008, Decided
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Overview: Convictions and the sentences were reversed, and the case was remanded for a new trial because the trial court erred in denying defendant's motion to suppress the evidence and defendant's statement as a police officer who stopped defendant's car did not have a reasonable suspicion that criminal activity was taking place or was about to take place.

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Ritter v. Kieszkowski, No. 3D07-2536, COURT OF APPEAL OF FLORIDA, THIRD DISTRICT, January 16, 2008, Opinion Filed
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Royal Caribbean Cruises, Ltd. v. Bakalar, No. 3D06-2960, COURT OF APPEAL OF FLORIDA, THIRD DISTRICT, January 16, 2008, Opinion Filed
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Smith v. State, Case No. 2D06-3495, COURT OF APPEAL OF FLORIDA, SECOND DISTRICT, January 16, 2008, Opinion Filed
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Overview: Because defendant's convictions for attempted first-degree premeditated murder and attempted felony murder were based on a general plea and involved the same attempted killing, defendant was not precluded from raising double jeopardy as an issue on appeal.

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Stairs v. State, Case No. 2D06-177, COURT OF APPEAL OF FLORIDA, SECOND DISTRICT, January 16, 2008, Opinion Filed
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Suarez v. State, No. 3D03-1925, COURT OF APPEAL OF FLORIDA, THIRD DISTRICT, January 16, 2008, Opinion Filed
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Overview: Sentence was affirmed in one case, but reversed and remanded for resentencing in another case because the court resentenced defendant under the guidelines, but greatly increased the sentence. However, for a resentencing after an erroneous habitualization, the court was to restructure the sentences so as to achieve the original sentencing intent.

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Swift v. State, Case No. 2D07-103, COURT OF APPEAL OF FLORIDA, SECOND DISTRICT, January 16, 2008, Opinion Filed
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Overview: Court erred in denying defendant's motion for acquittal on the charge of aggravated assault on a law enforcement officer with a deadly weapon, under §§ 775.0823, 784.021, and 784.07, Fla. Stat., because the prosecution failed to show that defendant had the requisite intent to threaten an officer when defendant backed his vehicle toward the officer.

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