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   State Courts - Florida - March 3, 2006

  
Swanson v. State, Case No. 2D04-5216, COURT OF APPEAL OF FLORIDA, SECOND DISTRICT, March 3, 2006, Opinion Filed
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Thompson v. State, Case No. 2D05-4641, COURT OF APPEAL OF FLORIDA, SECOND DISTRICT, March 3, 2006, Opinion Filed
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Overview: Trial court erred in summarily denying defendant's motion for postconviction DNA testing, and finding that defendant's request for the same was moot, as an evidentiary hearing was required in order to provide sworn testimony to support the state's assertion that no physical evidence containing the DNA sought by defendant existed.

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Tubwell v. State, CASE NO. 1D05-1352, COURT OF APPEAL OF FLORIDA, FIRST DISTRICT, March 3, 2006, Opinion Filed
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Overview: As the State presented no evidence upon resentencing to establish the existence of the prior convictions, the trial court erred in overruling defendant's objection to the accuracy of his prior convictions. As the resentencing proceeding was de novo, the State was not relieved of its burden to prove the prior offenses.

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V.D. v. State, Case No. 5D05-1217, COURT OF APPEAL OF FLORIDA, FIFTH DISTRICT, March 3, 2006, Opinion Filed
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Overview: There was no statutory authority for imposing a monetary fine simply because a juvenile exercised her constitutional right to go to trial. Imposition of a $ 1,000 fine in a juvenile delinquency case based on appellant's decision to go to trial was simply a personal courtroom policy that was not authorized by the law.

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Williams v. State, CASE NO. 1D05-4295, COURT OF APPEAL OF FLORIDA, FIRST DISTRICT, March 3, 2006, Opinion Filed
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Woolbright v. Fla. Parole Comm'n, CASE NO. 1D05-3909, COURT OF APPEAL OF FLORIDA, FIRST DISTRICT, March 3, 2006, Opinion Filed
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