MURRAY BREITBERG, APPELLANT,
v.
STATE OF FLORIDA, APPELLEE

Fla. 4th DCA | 2006-10-25
No. 4D06-3681
WARNER, FARMER and HAZOURI, JJ., concur.
942 So. 2d 439 Florida District Court of Appeal, Fourth District (2006) Positive Treatment
Cited by 4 cases

Opinion of the Court
PER CURIAM.

PER CURIAM.

Affirmed. See Dragon v. State, 937 So. 2d 781 (Fla. 4th DCA 2006); Saintelien v. State, 937 So. 2d 234 (Fla. 4th DCA 2006); Brown v. State, 927 So. 2d 1024 (Fla. 4th DCA 2006). As in the above-cited cases, we again certify conflict with King v. State, 911 So. 2d 229 (Fla. 2d DCA 2005), and Kidd v. State, 855 So. 2d 1165 (Fla. 5th DCA 2003).

WARNER, FARMER and HAZOURI, JJ., concur.


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  • Murray Breitberg v. State, 14 So. 3d 1253 (Fla. 4th DCA 2009)
    …WARNER, J. We reconsider this appeal from the denial of a rule 3.800(a) motion in which appellant challenged his sexual predator designation. We had originally affirmed the ruling in Breitberg v. State, 942 So. 2d 439 (Fla. 4th DCA 2006), on the ground that a challenge to the sexual predator designation could not be made through a rule 3.800(a) motion, because the sexual predator designation was not a sentence, relying on Saintelien v. State, 937 So. 2d 234 (Fla.…
  • Murray Breitberg v. State, 3 So. 3d 1193 (Fla. 2009)
    …PER CURIAM. We have for review Breitberg v. State, 942 So. 2d 439 (Fla. 4th DCA 2006), in which the Fourth District Court of Appeal cited as authority its decision in Saintelien v. State, 937 So. 2d 234 (Fla. 4th DCA 2006), approved in result, 990 So. 2d 494 (Fla.2008), and certified conflict with the [*1194] Seco…

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