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| Austin v. McDonough, CASE NO. 1D06-2000,
COURT OF APPEAL OF FLORIDA, FIRST DISTRICT, February 16, 2007, Opinion Filed
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| Bell v. State, Case No. 2D04-1313,
COURT OF APPEAL OF FLORIDA, SECOND DISTRICT, February 16, 2007, Opinion Filed
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Overview: Because defendant's conviction for driving with license revoked was a different and distinct offense from the remaining charges, a consecutive sentence on it was permissible; however, the sentence on the charge of depriving an officer of communication was illegal because it was part of the same criminal episode as the remaining charges.
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| Capron v. State, Case No. 5D05-4154,
COURT OF APPEAL OF FLORIDA, FIFTH DISTRICT, February 16, 2007, Opinion Filed
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Overview: While no fundamental error resulted from the State's closing argument, despite ill-advised and unnecessary references to the O.J. Simpson case, double jeopardy forced reversal of defendant's convictions for lewd and lascivious battery and lewd and lascivious conduct, as said acts occurred as part of the same criminal episode.
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| Edwards v. City of Deland, Case No. 5D06-2089,
COURT OF APPEAL OF FLORIDA, FIFTH DISTRICT, February 16, 2007, Opinion Filed
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| First Quality Equip. Rental, Inc. v. Agency for Health Care Admin., CASE NO. 1D06-0687,
COURT OF APPEAL OF FLORIDA, FIRST DISTRICT, February 16, 2007, Opinion Filed
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| Goolsby v. State, Case No. 5D06-3462,
COURT OF APPEAL OF FLORIDA, FIFTH DISTRICT, February 16, 2007, Opinion Filed
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Overview: Because it was error for the trial court to consider a transcript of an evidentiary hearing had been conducted by a recused judge, the matter was remanded for reconsideration; if an evidentiary hearing were to be conducted, the court was not consider, except for impeachment or for any other lawful purpose, the earlier transcripts.
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| Gutierrez v. McDowell, Case No. 5D06-2194,
COURT OF APPEAL OF FLORIDA, FIFTH DISTRICT, February 16, 2007, Opinion Filed
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| Hobus v. Crandall, Case No. 2D05-4236,
COURT OF APPEAL OF FLORIDA, SECOND DISTRICT, February 16, 2007, Opinion Filed
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Overview: Because a trial court imposed obligations on an ex-husband that were not provided for in the marital settlement agreement in rejecting a general magistrate's report that the ex-husband had complied with an order by selling certain property to himself, the judgment was reversed.
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| Kalinowski v. State, Case No. 5D06-1301,
COURT OF APPEAL OF FLORIDA, FIFTH DISTRICT, February 16, 2007, Opinion Filed
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Overview: Probation condition which prohibited defendant from living within 1,000 feet of any school, day care center, park or playground, or any other place proscribed by court where children regularly congregated was standard condition of sex offender probation under § 948.30(1)(b), Fla. Stat., that did not require oral pronouncement at sentencing.
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