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   State Courts - Florida - February 26 - February 27, 2007

  
Echeverria v. State, CASE NO. 1D05-6161, COURT OF APPEAL OF FLORIDA, FIRST DISTRICT, February 26, 2007, Opinion Filed
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Overview: Case was remanded for resentencing because defendant was never informed that a period of probation was to follow his plea agreement's period of incarceration. He also was not afforded the opportunity to withdraw his plea once the court determined that it would impose a period of probation in excess of the term of supervision in the plea agreement.

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Johnson v. State, CASE NO. 1D05-4025, COURT OF APPEAL OF FLORIDA, FIRST DISTRICT, February 26, 2007, Opinion Filed
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Overview: Defendant's convictions and sentences were reversed, and the case was remanded for a new trial because a police officer's testimony was fairly susceptible of being understood by the jury as a comment on defendant's right to remain silent, the testimony served to improperly shift the burden of proof onto defendant, and the error was not harmless.

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A.J. v. K.A.O., Case No. 5D06-3451, COURT OF APPEAL OF FLORIDA, FIFTH DISTRICT, February 27, 2007, Opinion Filed
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Overview: Least restrictive means test applied to ch. 63, Fla. Stat. involuntary termination proceedings. In proceeding to terminate a father's parental rights pending a stepparent adoption there was sufficient evidence that termination was least restrictive means of protecting children, because, inter alia, father was serving 10 year prison sentence.

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