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| McDonald v. State, Case No. 2D05-2446,
COURT OF APPEAL OF FLORIDA, SECOND DISTRICT, January 26, 2007, Opinion Filed
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Overview: Because defendant's 15-year sentence for robbery was not greater than the mandatory prison releasee reoffender sentence in § 775.082(9)(c), Fla. Stat. (2003), a dual enhancement as both a violent habitual offender and also as a prison releasee reoffender was improper.
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| Office of the AG, Dep't of Legal Affairs v. Commerce Commer. Leasing, LLC, CASE NO. 1D05-2743,
COURT OF APPEAL OF FLORIDA, FIRST DISTRICT, January 26, 2007, Opinion Filed
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Overview: As the trial court erred in venturing beyond the factual allegations, prematurely made findings, and relied on law outside of the Florida Deceptive and Unfair Trade Practices Act (Act), § 501.204(1), Fla. Stat. (2004), upon which relief was based, given that count one of the complaint was factually sound, dismissal with prejudice was reversed.
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| Oosterink v. State, Case No. 2D06-1374,
COURT OF APPEAL OF FLORIDA, SECOND DISTRICT, January 26, 2007, Opinion Filed
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Overview: Because an order that was affirmed on appeal expressly reserved the issue of ineffective assistance of counsel for postconviction consideration, the postconviction court erred in denying defendant's Fla. R. Crim. P. 3.850 motion based on the earlier order.
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| Richardson v. State, CASE NO. 1D06-0213,
COURT OF APPEAL OF FLORIDA, FIRST DISTRICT, January 26, 2007, Opinion Filed
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Overview: A prisoner raised facially sufficient claims of ineffective assistance of counsel and illegal sentence because, under Fla. Const. art. I, § 18, a trial court could not delegate sentencing authority to an administrative agency; thus, denial of his Fla. R. Crim. P. 3.850 motion for postconviction relief was improper.
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| S.C. Read, Inc. v. Seminole County Sch. Bd., Case No. 5D05-1203,
COURT OF APPEAL OF FLORIDA, FIFTH DISTRICT, January 26, 2007, Opinion Filed
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| S.G. v. Dep't of Children & Family Servs. (In the Interest of I.B.), Case No. 2D06-3136,
COURT OF APPEAL OF FLORIDA, SECOND DISTRICT, January 26, 2007, Opinion Filed
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Overview: Finding that a mother neglected her children pursuant to § 39.01(45), Fla. Stat., was error under circumstances in which, after the mother learned that her boyfriend had recently been released from prison, she ordered him to leave the apartment, but he later returned and fired gunshots into the home, hitting one of the children.
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| Shelton v. State, Case No. 5D06-1043,
COURT OF APPEAL OF FLORIDA, FIFTH DISTRICT, January 26, 2007, Opinion Filed
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| Slattery v. State, Case No. 5D05-4408,
COURT OF APPEAL OF FLORIDA, FIFTH DISTRICT, January 26, 2007, Opinion Filed
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Overview: Despite the fact that defendant's objection to a forcible felony instruction, in response to his self-defense claim at trial on two counts of aggravated battery charged under § 784.045(1)(a), Fla. Stat. (2003), was not specific enough, fundamental error occurred, warranting reversal of his convictions and a certified question on the issue.
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| Stevens v. State, Case No. 2D05-6156,
COURT OF APPEAL OF FLORIDA, SECOND DISTRICT, January 26, 2007, Opinion Filed
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Overview: Because it was not necessary for defendant's memorandum of law to be under oath, and because defendant's Fla. R. Crim. P. 3.850 motion was properly sworn, the postconviction court erred in refusing to consider the memorandum and in denying the motion as facially insufficient.
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