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| Holland v. State, Case No. 2D05-4363,
COURT OF APPEAL OF FLORIDA, SECOND DISTRICT, March 2, 2007, Opinion Filed
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Overview: Section 921.0016(4)(f), Fla. Stat. allowed trial court to use as mitigator a finding that victim was initiator, willing participant, aggressor, or provoker of incident, and did not exempt cases in which victim was a child. Trial court had discretion to impose a downward departure sentence for defendant's lewd or lascivious battery convictions.
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| J.A.P. v. Durham, CASE NO. 1D07-0951,
COURT OF APPEAL OF FLORIDA, FIRST DISTRICT, March 2, 2007, Opinion Filed
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| Jenkins v. State, CASE NO. 1D06-5552,
COURT OF APPEAL OF FLORIDA, FIRST DISTRICT, March 2, 2007, Opinion Filed
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| Johnson v. Dep't of Bus. & Prof'l Regulation, Constr. Indus. Licensing Bd., Case No. 2D06-1785,
COURT OF APPEAL OF FLORIDA, SECOND DISTRICT, March 2, 2007, Opinion Filed
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Overview: While a homeowner was entitled to her actual damages from the Construction Industries Recovery Fund, the Department of Business and Professional Regulation Construction Industry Licensing Board erred in its arithmetic in the amount awarded. Hence, remand was ordered for the Board to enter the correct amount due.
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| Kimball v. State, CASE NO. 1D06-1683,
COURT OF APPEAL OF FLORIDA, FIRST DISTRICT, March 2, 2007, Opinion Filed
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Overview: Suppression of a quarter to a half-pound of marijuana found in the truck of a car in which defendant was a passenger was properly denied, given the strong odor of raw marijuana from inside the vehicle, the fact that only a small quantity of the drug was found on the car's driver, and the furtive movements of the car's occupants after being stopped.
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| Kubasak v. Dep't of Highway Safety & Motor Vehicles, Case No. 5D06-3195,
COURT OF APPEAL OF FLORIDA, FIFTH DISTRICT, March 2, 2007, Opinion Filed
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| Lopez-Merced v. State, Case No. 5D06-747,
COURT OF APPEAL OF FLORIDA, FIFTH DISTRICT, March 2, 2007, Opinion Filed
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Overview: Because the trial court lacked jurisdiction to grant defendant a rehearing on his Fla. R. Crim. P. 3.850 motion for postconviction relief, as he abandoned said motion when he filed a notice of appeal, said order was reversed. Moreover, on remand, the court was to consider defendant's tolling argument.
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| M.H. v. State, CASE NO. 1D06-3571,
COURT OF APPEAL OF FLORIDA, FIRST DISTRICT, March 2, 2007, Opinion Filed
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| Marlett v. Stillwell, CASE NO. 1D06-2559,
COURT OF APPEAL OF FLORIDA, FIRST DISTRICT, March 2, 2007, Opinion Filed
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