SHELTON BROMELL, APPELLANT,
v.
STATE OF FLORIDA, APPELLEE
SHELTON BROMELL, APPELLANT,
STATE OF FLORIDA, APPELLEE
777 So. 2d 438
Florida District Court of Appeal, Fourth District (2001)
Positive Treatment
Cited by 8 cases
Opinion of the Court
PER CURIAM.
We withdraw our previously issued opinion and substitute the following in its place.
We affirm appellant’s conviction but remand for resentencing as appellant’s sentences were imposed pursuant to both the Violent Career Criminal statute and the Prison Releasee Reoffender statute. On remand, the trial court should sentence him only under the Prison Releasee Reof-fender statute. See Grant v. State, 770 So. 2d 655 (Fla.2000); Yehowshua v. State, 773 So. 2d 654 (Fla. 4th DCA 2000).
AFFIRMED in part, REVERSED in part and REMANDED.
WARNER, C.J., KLEIN and TAYLOR, JJ., concur.
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First Union Nat'l Bank v. Turney, 824 So. 2d 172 (Fla. 1st DCA 2001)…intended crime or fraud in order to forfeit the attorney-client privilege. The dispositive question is whether the attorney-client communications are part of the client’s effort to commit a crime or perpetrate a fraud. See Horning-Keating v. State, 777 So. 2d 438, 445-46 (Fla. 5th DCA 2001); Shell Oil Co., 638 So. 2d at 1051; see also Cigna Corp. v. Spears, 838 S.W. 2d 561, 568-569 (Tex.App.1992). On the other hand, where a client pursues a course of action in good faith which is determined only later to hav…
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Eight Hundred, Inc. v. Fla. Dep't OF Revenue, 837 So. 2d 574 (Fla. 1st DCA 2003)…determination of whether petitioner had waived its accountant-client privilege to be made in such a manner notwithstanding petitioner’s repeated objections would amount to a deprivation of procedural due process of law. See Horning-Keating v. State, 777 So. 2d 438, 446 (Fla. 5th DCA 2001) (opinion of Pleus, J.) (compelling testimony notwithstanding the assertion of an attorney-client privilege, based upon unsworn statements, would constitute a denial of due process of law; a full evidentiary hearing is requir…
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Dennis and Mary Hill v. State, 846 So. 2d 1208 (Fla. 5th DCA 2003)…1 (Fla. 3d DCA 2002)(psycho-therapist privilege); Nationwide Mutual Fire Ins.Co. v. Hess, 814 So. 2d 1240 (Fla. 5th DCA 2002)(attorney-client privilege); State v. Rivers, 787 So. 2d 952 (Fla. 2d DCA 2001) (medical records); Horning-Keating v. State, 777 So. 2d 438 (Fla. 5th DCA 2001)(attorney work product privilege); American Express Travel Related Services v. Cruz, 761 So. 2d 1206, 1207 (Fla. 4th DCA 2000)(attorney client privilege); State v. Patterson, 694 So. 2d 55 (Fla. 5th DCA 1997); State v. Finder, 678…
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Join FLexlaw to unlock all legal intelligenceAuthorities Cited
- Grant v. State, 770 So. 2d 655 (Fla. 2000)
- Yisrael Yehowshua v. State, 773 So. 2d 654 (Fla. 4th DCA 2000)