Doc.
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Date Docketed
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Description
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Filed by
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Notes
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10/21/2005
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NOTICE-DISCRETIONARY JURIS (DIRECT CONFLICT)
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PT James Frank Pizzo BY: PT Bruce S. Rogow 67999
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(O&5 UNCERTIFIED COPIES RECIEVED 10/18/05)
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10/27/2005
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Filing Fee $300
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2005 - 1002870 Amount: $300
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10/27/2005
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Fee Paid In Full - $300
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10/28/2005
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MOTION-EXT OF TIME (JURIS BRIEF)
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PT James Frank Pizzo BY: PT Beverly A. Pohl 907250
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10/31/2005
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ORDER-EXT OF TIME GR (JURIS BRIEF-PETITIONER)
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Petitioner's motion for extension of time is granted and petitioner is allowed to and including November 10, 2005, in which to serve the brief on jurisdiction.
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11/04/2005
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JURIS INITIAL BRIEF
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PT James Frank Pizzo BY: PT Beverly A. Pohl 907250
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W/APPENDIX (O&5 & E-MAIL)
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11/28/2005
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JURIS ANSWER BRIEF
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RS State Of Florida state1 BY: RS Anne E. Sheer 0015199
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(O&7 & E-MAIL)
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03/08/2006
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ORDER-JURIS ACCEPT/BRIEF SCHED (OA LATER DATE)
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The Court provisionally accepts jurisdiction of this case based upon the preliminary determination that it appears to present express and direct conflict as to whether the elements of the respective offenses, or the severity of sentence resulting from conviction, controls the determination of which is a lesser or greater offense when convictions for both charges would constitute a double jeopardy violation. See Stav v. State, 860 So. 2d 478 (Fla 4th DCA 2003), and Donovan v. State, 572 So. 2d 522 (Fla 5th DCA 1990). Merit briefing shall include, but not be limited to, this lesser/greater offense issue. Oral argument will be set by separate order. Counsel for the parties will be notified of the oral argument date approximately sixty (60) days prior to oral argument. Petitioner's brief on the merits shall be served on or before April 3, 2006; respondent's brief on the merits shall be served twenty (20) days after service of petitioner's brief on the merits; and petitioner's reply brief on the merits shall be served twenty (20) days after service of respondent's brief on the merits. Please file an original and seven (7) copies of all briefs. The Clerk of the Second District Court of Appeal shall file the original record which shall be properly indexed and paginated on or before May 8, 2006. The record shall include the briefs filed in the district court separately indexed.
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03/22/2006
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MOTION-EXT OF TIME (INITIAL BRIEF-MERITS)
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PT James Frank Pizzo BY: PT Beverly A. Pohl 907250
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03/24/2006
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ORDER-EXT OF TIME GR (INITIAL BRIEF-MERITS)
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Petitioner's motion for extension of time is granted and petitioner is allowed to and including April 24, 2006, in which to serve the initial brief on the merits.
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04/06/2006
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RECORD/TRANSCRIPT
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Hon. James Birkhold BY: Hon. James Birkhold
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29 VOLUMES, 2 SUPPLEMENTAL VOLUMES, 1 VOLUME BRIEFS (& E-MAIL) AND CC PAPERS (2 BOXES) (PAGE 376 HAS BEEN REDACTED)
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04/24/2006
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INITIAL BRIEF-MERITS
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PT James Frank Pizzo BY: PT Bruce S. Rogow 67999
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W/APPENDIX (O&7 & E-MAIL)
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04/24/2006
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REQUEST-ORAL ARGUMENT
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PT James Frank Pizzo BY: PT Bruce S. Rogow 67999
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05/15/2006
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ANSWER BRIEF-MERITS
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RS State Of Florida state1 BY: RS Anne E. Sheer 0015199
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(O&7 & E-MAIL)
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05/17/2006
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ORDER-OA SCHED (PREV ACCEPTED)
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The Court previously accepted jurisdiction. The Court will hear oral argument at 9:00 a.m., Thursday, September 21, 2006.
A maximum of twenty (20) minutes to the side is allowed, but counsel is expected to use only so much of that time as is necessary.
NO CONTINUANCES WILL BE GRANTED EXCEPT UPON A SHOWING OF EXTREME HARDSHIP.
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05/17/2006
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ORAL ARGUMENT CALENDAR
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05/31/2006
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MOTION-EXT OF TIME (REPLY BRIEF-MERITS)
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PT James Frank Pizzo BY: PT Beverly A. Pohl 907250
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06/02/2006
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ORDER-EXT OF TIME GR (REPLY BRIEF-MERITS)
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Petitioner's motion for extension of time is granted and petitioner is allowed to and including June 12, 2006, in which to serve the reply brief on the merits. NO FURTHER EXTENSIONS OF TIME WILL BE GRANTED TO PETITIONER FOR THE FILING OF THE REPLY BRIEF ON THE MERITS.
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06/02/2006
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REPLY BRIEF-MERITS
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PT James Frank Pizzo BY: PT Beverly A. Pohl 907250
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(O&7 & E-MAIL) (TOO LONG)
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06/05/2006
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ORDER-BRIEF STRICKEN (NON-COMPLIANCE)
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Petitioner's reply brief, which was filed with this Court on June 2, 2006, does not comply with Florida Rule of Appellate Procedure 9.210 and is hereby stricken. Petitioner is hereby directed, on or before June 22, 2006, to serve an original and seven (7) copies of an amended reply brief which does not exceed fifteen (15) pages in length.
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06/14/2006
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REPLY AMD BRIEF-MERITS
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PT James Frank Pizzo BY: PT Beverly A. Pohl 907250
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(O&7 & E-MAIL)
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09/21/2006
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ORAL ARGUMENT HELD
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12/21/2006
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DISP-QUASHED
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A comparison of statutory elements is the proper method for determining a lesser offense in the double jeopardy context, and based upon a comparison of the statutory elements, we find that grand theft is a lesser offense of organized fraud. Accordingly, we quash Pizzo v. State, 916 So. 2d 828 (Fla. 2d DCA 2005), and approve Donovan v. State, 572 So. 2d 522 (Fla. 5th DCA 1990).
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01/11/2007
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MANDATE
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CC: COUNSEL
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01/12/2007
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RECORD/TRANSCRIPT RETURNED
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Hon. James Birkhold BY: Hon. James Birkhold
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29 VOLUMES, 2 SUPPLEMENTAL VOLUMES, 1 VOLUME BRIEFS
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02/16/2007
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ARCHIVES
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