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| Scherer v. Dep't of Bus. & Prof'l, Case No. 5D05-1078,
COURT OF APPEAL OF FLORIDA, FIFTH DISTRICT, January 27, 2006, Opinion Filed
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Overview: Since Fla. Stat. § 112.011 did not deny licensure to a felon whose civil rights had not been restored, and requiring applicants convicted of a crime to submit proof that their civil rights had been restored was beyond the Construction Industry Licensing Board's authority, the Board erred in denying the individual a general contractor's license.
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| Scrambling v. State, Case No. 5D05-3571,
COURT OF APPEAL OF FLORIDA, FIFTH DISTRICT, January 27, 2006, Opinion Filed
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| State v. Szempruch, Case No. 2D05-1594,
COURT OF APPEAL OF FLORIDA, SECOND DISTRICT, January 27, 2006, Opinion Filed
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Overview: An order granting appellant's postconviction motion to modify his sentences was reversed; because the original sentence was the result of a negotiated plea, the trial court erred in modifying his sentence. The State preserved the issue for appeal by making it clear to the trial court that it opposed the downward departure and would be appealing.
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| State v. Vasquez, Case Nos. 2D04-1255, 2D04-1332 CONSOLIDATED,
COURT OF APPEAL OF FLORIDA, SECOND DISTRICT, January 27, 2006, Opinion Filed
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Overview: Where inmate's counsel's testimony established that his withdrawal of guilty plea was knowing and voluntary, it made no difference that he declined to speak at withdrawal hearing. Once plea was withdrawn, the sentence imposed pursuant to that conviction could not be reinstated.
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| Taylor v. State, Case No. 2D05-193,
COURT OF APPEAL OF FLORIDA, SECOND DISTRICT, January 27, 2006, Opinion Filed
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Overview: Although motion to withdraw guilty plea, instead of motion to correct sentence, was proper means to challenge guilty plea, defendant was granted relief from conviction on plea because counsel's ineffectiveness in showing no awareness of plea agreement had prejudiced him at sentencing.
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