RICARDO PEREZ, APPELLANT,
v.
THE STATE OF FLORIDA, APPELLEE
RICARDO PEREZ, APPELLANT,
THE STATE OF FLORIDA, APPELLEE
932 So. 2d 357
Florida District Court of Appeal, Third District (2006)
Positive Treatment
Cited by 5 cases
Opinion of the Court
PER CURIAM.
PER CURIAM.
On Motion to Amend Motion for Rehearing
Upon consideration, appellant’s motion to amend motion for rehearing is denied.
We recently affirmed appellant’s sentence in this case. We then denied a timely motion for rehearing filed. We now have before us a subsequently filed motion to amend motion for rehearing.
We treat this motion as a second motion for rehearing. Because Florida Rules of Appellate Procedure 9.330(b) clearly allow for only one motion of rehearing, we deny the motion. See Fla. R.App. P. 9.330(b) (“A party shall not file more than 1 motion for rehearing or for clarification of decision and 1 motion for certification with respect to a particular decision.”).
Motion denied.
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V.B. v. State, 959 So. 2d 1252 (Fla. 3d DCA 2007)…undary line of posted land in a manner and in such position as to be clearly noticeable from outside the boundary line. Strict compliance with these requirements is necessary to constitute proper constructive notice via posting. See Lewis v. State, 932 So. 2d 357, 358 (Fla. 2d DCA 2006). Here, the State failed to prove strict compliance with the statutory requisites. Indeed, the only evidence presented proved that there were signs posted throughout the park. There was no evidence regarding the number of sign…
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Higgs v. State, 139 So. 3d 411 (Fla. 5th DCA 2014)…mation alleged that the site was “legally posted,” these are the facts to be proved by the State. The State’s failure to prove this element of the offense plainly required the lower court to enter judgment in Higgs’ favor. See, e.g., Lewis v. State, 932 So. 2d 357 (Fla. 2d DCA 2006) (reversing conviction for trespass on a construction site where State failed to prove letters on sign were two inches in height and evidence showed property was not “legally posted”); 2 see also Lebron v. State, 127 So. 3d 597, 60…
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