VICTOR RAUL VELAZGUEZ, APPELLANT,
v.
THE STATE OF FLORIDA, APPELLEE
VICTOR RAUL VELAZGUEZ, APPELLANT,
THE STATE OF FLORIDA, APPELLEE
505 So. 2d 18
Florida District Court of Appeal, Third District (1987)
Positive Treatment
Cited by 2 cases
Opinion of the Court
PER CURIAM.
This is another criminal matter involving the ex post facto application of Section 27.3455, Florida Statutes (1985). We strike from so much of the appellant’s sentence the provision that provides for community service, and as we have previously done we certify the following question to the Florida Supreme Court, to wit:
“Does the application of Section 27.3455, Florida Statutes (1985) to crimes committed prior to the effective date of the statute violate the ex post facto provisions of the constitutions of the United States and of the State of Florida, or does the statute merely effect a procedural change as is permitted under State v. Jackson, 478 So. 2d 1054 (Fla.1985)?”
Therefore the sentence under review, as modified, be and the same is hereby affirmed.
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Cunningham v. Fla. Dep't OF Child. & Families, 782 So. 2d 913 (Fla. 1st DCA 2001)…lendening, 555 So. 2d 1286 (Fla. 2d DCA 1990) (noting that a physician enjoyed judicial immunity from a claim of medical negligence in examining a child victim because the examination was made in the course of a judicial proceeding); Zock v. Miller, 505 So. 2d 18 (Fla. 3d DCA 1987) (holding that a court-appointed psychiatrist enjoys quasi-judicial immunity). Social workers perform some duties that are essential to the judicial function and are therefore protected by judicial immunity. For example, a parent…
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Bradford v. Metro. Dade Cnty., 522 So. 2d 96 (Fla. 3d DCA 1988)…anon Park Condominium Assoc. v. City of Hialeah, 468 So. 2d 912 (Fla.1985); see also Carter v. City of Stuart, 468 So. 2d 955 (Fla.1985) (city immune from liability where dog, confined on private property, escaped and injured child); Zock v. Miller, 505 So. 2d 18 (Fla. 3d DCA 1987) (court-appointed psychiatrist enjoys quasi-judicial immunity from liability); Ursin v. Law Enforcement Ins. Co., 450 So. 2d 1282 (Fla. 2d DCA 1984) (sheriff is immune from liability where prisoner escapes and injures individual),…
Authorities Cited
- State v. Jackson, 478 So. 2d 1054 (Fla. 1985)