JOHN HOLLIS FESSENDEN, APPELLANT,
v.
STATE OF FLORIDA, APPELLEE
PATTERSON, Acting Chief Judge.
The appellant, John Fessenden, and code-fendant Charles Amos were charged in an indictment and a superseding information with violating Florida’s Racketeer Influenced and Corrupt Organizations (RICO) Act and multiple counts of grand theft. In Amos v. State, 711 So. 2d 1197 (Fla. 2d DCA 1998), we determined that the conduct asserted did not constitute grand theft. Based on Amos, we therefore reverse Fessenden’s convictions and direct that he be discharged.
As we did in Amos, we certify to the supreme court the following question which we determine to be of great public importance:
IS THE OBTAINING OF A REDUCED INITIAL PREMIUM FOR WORKERS’ COMPENSATION INSURANCE BY MISREPRESENTATIONS OF STATUTORILY-REQUIRED FACTORS USED TO DETERMINE THAT PREMIUM THEFT UNDER SECTION 812.014, FLORIDA STATUTES?
Reversed.
ALTENBERND and WHATLEY, JJ., concur.
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Raulerson v. State, 763 So. 2d 285 (Fla. 2000)…d analyzed whether section 322.34(1) is unconstitutional. Each of those district courts, along with the Third District in Pirtle v. State, 700 So. 2d 1258 (Fla. 3d DCA 1997) (adopting Raulerson analysis), and the Second District in State v. Crossno, 713 So. 2d 1093 (Fla. 2d DCA 1998) (adopting Keim analysis), determined that section 322.34(1) is constitutional, but the courts did so on different grounds. We now briefly summarize the analysis employed by the district courts in Raulerson, Gloster, and Keim. [*28…1 / 2
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State v. Fessenden, 734 So. 2d 1038 (Fla. 1999)…PER CURIAM. We originally accepted jurisdiction to review Fessenden v. State, 713 So. 2d 1093 (Fla. 2d DCA 1998), pursuant to article V, section 3(b)(4), of the Florida Constitution. After further consideration, we have determined that jurisdiction was improvidently granted. Accordingly, this case is hereby dismissed. It is so ordered.…
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Fessenden v. State, 52 So. 3d 1 (Fla. 2d DCA 2010)…tified question. State v. Amos, 727 So. 2d 911 (Fla.1998) (table decision). Based on the reasoning in Amos, this court also reversed Mr. Fessenden’s judgments and sentences, certifying the same question as was certified in Amos. Fessenden v. State, 713 So. 2d 1093 (Fla. 2d DCA 1998). The supreme court declined to review the question in Mr. Fessenden’s case. State v. Fessenden, 734 So. 2d 1038 (Fla.1999). From the limited record in this case, we cannot determine when or if Mr. Fessen-den was in prison as a re…1 / 2
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- Amos v. State, 711 So. 2d 1197 (Fla. 2d DCA 1998)