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State Courts -
Florida - January 16, 2008
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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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