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   State Courts - Florida - February 29, 2008
  
State v. Leukel, Case No. 5D07-2031, COURT OF APPEAL OF FLORIDA, FIFTH DISTRICT, February 29, 2008, Opinion Filed
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Overview: Under the plain language of ? 948.08(6)(a), Fla. Stat. (2007), defendant--charged with driving while license revoked--had not committed a crime making him eligible for drug court. Thus, trial court abused its authority in permitting defendant to enter the drug court program under ? 948.08(6)(a).

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White v. State, CASE NO. 1D07-4326, COURT OF APPEAL OF FLORIDA, FIRST DISTRICT, February 29, 2008, Opinion Filed
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Overview: Trial court erred in denying appellant's Fla. R. Crim. P. 3.850 motion because trial counsel was ineffective for failing to preserve weight-of-the-cocaine argument by motion for judgment of acquittal pursuant to Fla. R. Crim. P. 3.380. Such a motion would have resulted in relief, given that a co-defendant prevailed on appeal with the same argument.

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