ARTURO PEREZ, APPELLANT,
v.
THE STATE OF FLORIDA, APPELLEE
ARTURO PEREZ, APPELLANT,
THE STATE OF FLORIDA, APPELLEE
695 So. 2d 851
Florida District Court of Appeal, Third District (1997)
Positive Treatment
Cited by 3 cases
Opinion of the Court
PER CURIAM.
On motion for clarification, the previous opinion of this court filed April 16, 1997, is vacated and withdrawn, and the corrected opinion is substituted.
As the State properly concedes, because the defendant’s prosecutions for armed burglary and grand theft were not commenced within the appropriate statute of limitations period, the judgments and sentences for these counts must be vacated. Maguire v. State, 453 So. 2d 438, 440 (Fla. 2d DCA 1984).
The remaining point raised by the defendant lacks merit. Therefore, the defendant’s remaining convictions are affirmed.
Affirmed, in part; vacated, in part, and remanded.
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P.R. Mktg. Grp., Inc. v. GTE Fla., Inc., 747 So. 2d 962 (Fla. 2d DCA 1999)…to pay an allegedly unconstitutional tax is sufficient to create standing under Florida law. Id. at 720. After the Kuhnlein opinion was released, the districts differed as to how to apply its holding. See Miami Tiresoles, Inc. v. Dep’t of Revenue, 695 So. 2d 851 (Fla. 3d DCA 1997)(holding that appellants were required to apply for a refund before invoking the circuit court’s jurisdiction), rev’d, 732 So. 2d 322 (Fla.1999); Pub. Medical Assistance Trust Fund v. Hameroff, 689 So. 2d 358 (Fla. 1st DCA 1997)(ho…
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Miami Tiresoles, Inc. v. Dep't OF Revenue, 732 So. 2d 322 (Fla. 1999)…PER CURIAM. We have for review Miami Tiresoles, Inc. v. State Department of Revenue, 695 So. 2d 851 (Fla. 3d DCA 1997), in which the Third District certified the following question as one of great public importance: WHETHER DEPARTMENT OF REVENUE V. KUHNLEIN, 646 So. 2d 717 (Fla.1994), CERT. DENIED, 515 S.Ct. [U.S.] 1158, 115 S.Ct. 2608, 132 L.Ed…
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Authorities Cited
- Maguire v. State, 453 So. 2d 438 (Fla. 2d DCA 1984)