ORALIA BAEZ, APPELLANT,
v.
STATE OF FLORIDA, APPELLEE
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PER CURIAM.
Defendant appeals his sentence as prison releasee reoffender (PRR) on various constitutional grounds. His arguments have been the subject of recent decisions from this coui$, and we therefore affirm on the authority of them. Mickle v. State, 741 So. 2d 645 (Fla. 4th DCA 1999); Thompson v. State, — So. 2d -, 1999 WL 767419 (Fla. 4th DCA Sept.29, 1999); Rollinson v. State, 743 So. 2d 585, (Fla. 4th DCA 1999); State v. Wise, 744 So. 2d 1035, (Fla. 4th DCA 1999); Simmons v. State, 24 Fla. L. Weekly D1830, — So. 2d -, 1999 WL 565829 (Fla. 4th DCA 1999); Woods v. State, 740 So. 2d 20 (Fla. 1st DCA 1999).
Because the supreme court has granted review of decisions on the constitutionality of sentencing under PRR we certify the issue. See McKnight v. State, 727 So. 2d 314 (Fla. 3d DCA 1999), rev. granted, 740 So. 2d 528 (Fla.1999)
FARMER, KLEIN and HAZOURI, JJ., concur.
Cases With Similar Vibessemantic neighbors from the corpus
Citator
Cited By
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Horizons Rehab., Inc. v. Health Care & Ret. Corp., 810 So. 2d 958 (Fla. 5th DCA 2002)…sh the creation of a fiduciary relationship between the parties, in any event. Health Care had no fiduciary duty to Horizons as the parties were not in a fiduciary relationship, i.e., no trust was imposed or accepted by Health Care. Abele v. Sawyer, 747 So. 2d 415 (Fla. 4th DCA 1999).5 Count VIII for breach of duty of good faith and fair dealing, Count X for breach of contract, and Count XI for tortuous breach of contract, are not intentional torts and are similarly barred by the releases. The court struck t…
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Collinson v. Miller, 903 So. 2d 221 (Fla. 2d DCA 2005)…nstructive trust in a manner similar to a cause of action, by discussing the “elements” of such a claim and even treating such a claim for constructive trust as subject to dismissal for failure to state a cause of action. See, e.g., Abele v. Sawyer, 747 So. 2d 415, 416 (Fla. 4th DCA 1999). In part, this may be because the remedy developed in equity at common law and the exact parameters for its use have never been clear. Justice Cardozo stated, “A constructive trust is the formula through which the conscience…
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Oralia Baez v. State, 777 So. 2d 971 (Fla. 2001)…LEWIS, J. We have for review the decision in Baez v. State, 747 So. 2d 415 (Fla. 4th DCA 1999). We have jurisdiction. See art. V, § 3(b)(4), Fla. Const. Baez challenges her five-year prison sentence under the Prison Releasee Reof-fender Act1 (“the Act”) on several grounds, all of which have been addressed by previous opin…
Authorities Cited
- Woods v. State, 740 So. 2d 20 (Fla. 1st DCA 1999)
- McKNIGHT v. State, 727 So. 2d 314 (Fla. 3d DCA 1999)
- State v. Wise, 744 So. 2d 1035 (Fla. 4th DCA 1999)
- Rollinson v. State, 743 So. 2d 585 (Fla. 4th DCA 1999)
- Mickle v. State, 741 So. 2d 645 (Fla. 4th DCA 1999)