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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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09/16/2009
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NOTICE-DISCRETIONARY JURIS (CERT GPI)
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PT Marcus F. Sanders BY: PT Richard John Sanders 394701
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09/17/2009
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No Fee - Insolvent
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INSOLVENT BELOW
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10/21/2009
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ORDER-NO REQ&BRIEF SCHED/JURIS ACCEPTED
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The Court accepts jurisdiction and dispenses with oral argument pursuant to Florida Rule of Appellate Procedure 9.320.
Petitioner's brief on the merits shall be served on or before November 16, 2009; respondent's brief on the merits shall be served twenty days after service of petitioner's brief on the merits; and petitioner's reply brief on the merits shall be served twenty days after service of respondent's brief on the merits. Please file an original and seven 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 December 21, 2009. The record shall include the briefs filed in the district court separately indexed.
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11/17/2009
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INITIAL BRIEF-MERITS
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PT Marcus F. Sanders BY: PT Richard John Sanders 394701
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W/APPENDIX (O&7 & E-MAIL)
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11/19/2009
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RECORD/TRANSCRIPT
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Hon. James Birkhold BY: Hon. James Birkhold
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CERTIFICATE OF CLERK, 6 VOLUMES, 4 SUPPLEMENTAL VOLUMES AND 1 CONSTRUCTED VOLUME OF BRIEF (& E-MAIL)
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12/09/2009
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ANSWER BRIEF-MERITS
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RS State Of Florida state1 BY: RS Ronald Napolitano 175130
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O&7 & E-MAIL
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12/17/2009
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REPLY BRIEF-MERITS
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PT Marcus F. Sanders BY: PT Richard John Sanders 394701
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O&7 & E-MAIL
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04/22/2010
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DISP-QUASHED & REMANDED
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We answer the rephrased certified question in the negative. Where the trial court's jurisdiction over a criminal offense has expired, the trial court may not score that offense as an additional offense during a sentencing proceeding. Because the trial court's scoring of the third-degree felonies in this case did not comport with section 921.0021 and because the record does not demonstrate that the error was harmless, we quash the decision of Second District. We remand this case to the Second District with instructions that the Second District remand for sentencing consistent with this opinion.
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05/13/2010
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MANDATE
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CC: COUNSEL
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05/13/2010
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RECORD/TRANSCRIPT RETURNED
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Hon. James Birkhold BY: Hon. James Birkhold
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6 VOLUMES RECORD, 4 VOLUMES SUPPLEMENTAL RECORD AND 1 VOLUMES CONSTRUCTED BRIEFS
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06/25/2010
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ARCHIVES
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