alea-institute/kl3m-data-sample-004-shuffled huggingface dataset:
Filed 9/14/20 P. v. Mariscal CA2/5

NOT TO BE PUBLISHED IN THE OFFICIAL REPORTS

California Rules of Court, rule 8.1115(a), prohibits courts and parties from citing or relying on opinions not 

certified for publication or ordered published, except as specified by rule 8.1115(b). This opinion has not 

been certified for publication or ordered published for purposes of rule 8.1115.

IN THE COURT OF APPEAL OF THE STATE OF CALIFORNIA

SECOND APPELLATE DISTRICT

DIVISION FIVE

THE PEOPLE,

Plaintiff and Respondent,

v.

JOSE MARISCAL,

Defendant and Appellant.

B302525

(Los Angeles County

Super. Ct. No. BA149858)

APPEAL from an order of the Superior Court of Los 

Angeles County, Curtis B. Rappe, Judge. Dismissed.

William J. Capriola, under appointment by the Court of 

Appeal, for Defendant and Appellant.

No appearance for Plaintiff and Respondent.

______________________

In 1997, a jury convicted Mariscal of three counts of 

attempted premeditated murder, and found true that he 
2

personally used a firearm, and inflicted great bodily injury in the 

commission of each count. The trial court sentenced him to three 

consecutive terms of life with the possibility of parole plus 39 

years and ordered him to pay a $10,000 restitution fine.

In April 2018, Mariscal filed a motion in the trial court 

requesting reduction of the $10,000 fine. He argued the fine was 

excessive and unauthorized, and his trial counsel had rendered 

ineffective assistance by failing to raise an objection based on his 

inability to pay the fine. The court summarily denied the motion. 

In July 2019, Mariscal filed a petition for writ of habeas 

corpus in the trial court seeking a hearing on his ability to pay 

the restitution fine. He argued the imposition of the fine without 

a hearing on his ability to pay violated his right to due process 

under People v. Dueñas (2019) 30 Cal.App.5th 1157. The District 

Attorney argued the habeas petition should be denied because 

Mariscal had waived his right to an ability to pay hearing by 

failing to raise the issue at sentencing. The court denied the 

petition. 

Mariscal appealed the order and this court appointed 

counsel to represent him. After examining the record, counsel 

filed an opening brief pursuant to People v. Wende (1979) 

25 Cal.3d 436 that raised no issues. On June 18, 2020, we sent 

Mariscal a letter advising he could personally submit a 

supplemental brief within 30 days. We received no response.

We have examined the record and are satisfied Mariscal’s 

attorney on appeal has complied with the responsibilities of 

counsel and no arguable issue exists. (Wende, supra, 25 Cal.3d at 

p. 441.) No appeal lies from an order denying a petition for writ 

of habeas corpus. (Briggs v. Brown (2017) 3 Cal.5th 808, 836 [“A 

petitioner currently has no right to appeal from a superior court 
3

denial of habeas corpus relief. Instead, review is obtained by 

filing a new habeas corpus petition in a higher court.”].)

DISPOSITION

The appeal is dismissed.

RUBIN, P. J.

WE CONCUR:

MOOR, J.

KIM, J.
----

            DECISION OF THE EEA JOINT COMMITTEE No 60/2005

of 29 April 2005         

amending Annex II (Technical regulations, standards, testing and certification) to the EEA Agreement

THE EEA JOINT COMMITTEE,

Having regard to the Agreement on the European Economic Area, as amended by the Protocol adjusting the Agreement on the European Economic Area, hereinafter referred to as ‘the Agreement’, and in particular Article 98 thereof,

Whereas:

HAS DECIDED AS FOLLOWS:

Article 1

The following indent shall be added in point 14 (Council Regulation (EEC) No 2377/90) of Chapter XIII of Annex II to the Agreement:

Article 2

The text of Regulation (EC) No 1875/2004 in the Icelandic and Norwegian languages, to be published in the EEA Supplement to the Official Journal of the European Union, shall be authentic.

Article 3

This Decision shall enter into force on 30 April 2005, provided that all the notifications under Article 103(1) of the Agreement have been made to the EEA Joint Committee (*1).

Article 4

This Decision shall be published in the EEA Section of, and in the EEA Supplement to, the Official Journal of the European Union.

Done at Brussels, 29 April 2005.

For the EEA Joint Committee

The President

Richard WRIGHT            

----

(1)OJ L 198, 28.7.2005, p. 22.

(2)OJ L 326 29.10.2004, p. 19.

(*1)  No constitutional requirements indicated.

----
To: Docket EPA-HQ-OAR-2003-0215, EPA-HQ-OAR-2014-0451

From: Hillary Ward, USEPA/OAQPS 

Subject: Federalism Outreach under Executive Order 13132 for MSW Landfills 

Date: July 2015 

On April 15, 2015, the EPA conducted a Federalism Consultation Outreach Meeting for associations that 

represent local and state elected officials potentially affected by EPA’s review of MSW landfill 

regulations. 

Participants included the National Conference of State Legislatures, the National League of Cities, the 

U.S. Conference of Mayors, the National Association of Counties, the Environmental Council of States, 

National Association of Clean Air Agencies, and the Association of State and Territorial Solid Waste 

Management Officials. 

Appendix A to this memorandum contains the March 31, 2015 invitation letter sent to invite participants 

to the outreach meeting.
Case 16-23805 Doc 4 Filed 07/25/16 Entered 07/25/16 16:09:07 Desc Main

 Document Page 1 of 2
Case 16-23805 Doc 4 Filed 07/25/16 Entered 07/25/16 16:09:07 Desc Main

 Document Page 2 of 2
In the

Court of Appeals

Second Appellate District of Texas

at Fort Worth

No. 02-19-00375-CR

JUAN LOPEZ, Appellant

V.

THE STATE OF TEXAS

§

§

§

§

§

On Appeal from the 396th District 

Court

of Tarrant County (1530586D)

January 23, 2020

Per Curiam

(nfp)

JUDGMENT

This court has considered the record on appeal in this case and holds that the 

appeal should be dismissed. It is ordered that the appeal is dismissed for want of 

jurisdiction.

SECOND DISTRICT COURT OF APPEALS 

PER CURIAM
Exhibit 10.2


 





 


21 June 2016


 


Dr Jerry Kanellos


Chief Operating and Scientific Officer


Immuron Limited


Level 1, 39 Leveson Street


North Melbourne


VIC 3051


AUSTRALIA


 


Dear Jerry


 


Variation of Development and Supply
Agreement


 


As you know, Immuron Limited (Immuron)
and Synlait Milk Limited (Synlait) are parties to a Supply Agreement, dated 21 July 2011 (Original Agreement) which
ran for a term of five years (expiring on 21 July 2016).


 


The parties entered into a refreshed agreement, the Development
and Supply Agreement, on 28 June 2013. The parties agree that the reference to the “Effective Date" in the Development
and Supply Agreement was intended to refer to the “Effective Date” of the Original Agreement. For clarity, this means
that the Development and Supply Agreement expires on 21 July 2016.


 


The parties now agree to extend the Development
and Supply Agreement for a further two years, expiring (unless agreed to be further extended) on 21 July 2018.


 


This letter sets out a variation to the
Development and Supply Agreement. It is agreed that clause 4.4 will be deleted and replaced as follows:


 


“4.4      Price for HIC. The
price payable by Immuron for HIC shall be negotiated in advance of the first delivery of HIC, which shall be based on the following
prices:


 


		(a)	For HIC manufactured in FY 17 (1 August 2016 –
31 July 2017), using Synlait's special milk drier and delivered to Melbourne, the price for 2.1MT is                 per
kg; and



 


		(b)	For HIC manufactured in FY 18 (1 August 2017 - 31 July
2018), using Synlait's special milk drier and delivered to Melbourne, the price for any volume that is:



 


		(i)	between 1.6 and 2.6 MT is                 per
kg, subject to any cost adjustments for the FY18 manufacturing year; and



 


		(ii)	less than 1.6MT or in excess of 2.6MT will be agreed
by the parties at prior to the placement of Immuron’s HIC order for FY 18, such order to be placed in accordance with Section
3.4.



 


All prices are inclusive of all transport
and insurance costs and levies. Notwithstanding clause 4.5 the parties may agree in writing to vary these prices from time to time."


 


Synlait Milk Ltd


1028 Heslerton Road


RD13, Rakaia 7783


New Zealand


P +64 3 373 3000


www.synlait.com


 




     


     


    

 





 


We request that Immuron confirm its agreement to this variation
by signing a copy of this letter where indicated below and returning this to Synlait.


 


All other terms of the Development and Supply Agreement continue
unchanged.


 


	Yours sincerely	 
	 	 
	/s/ John Begg	 
	John Begg	 
	Regional Sales Manager	 




 


	AGREED by IMMURON LTD:	/s/ Dr Jerry Kanellos	 
	 	Signature	 
	 	 	 
	 	Dr Jerry Kanellos	 
	 	Name	 
	 	 	 
	 	Chief Operating Officer	 
	 	Title	 
	 	 	 
	 	5 August 2016	 
	 	Date	 


 


Synlait Milk Ltd


1028 Heslerton Road


RD13, Rakaia 7783


New Zealand


P +64 3 373 3000


www.synlait.com
[Federal Register Volume 71, Number 182 (Wednesday, September 20, 2006)]
[Notices]
[Pages 55030-55031]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 06-7758]


-----------------------------------------------------------------------

NATIONAL SCIENCE FOUNDATION


Notice of Permit Application Received Under the Antarctic 
Conservation Act of 1978

AGENCY: National Science Foundation.

ACTION: Notice of Permit Applications received under the Antarctic 
Conservation Act.

-----------------------------------------------------------------------

SUMMARY: Notice is hereby given that the National Science Foundation 
(NSF) has received a waste management permit application for operation 
of remote field camps during dual helicopter flights from Punta Arenas, 
Chile to South Pole and return. The application is submitted to NSF 
pursuant to regulations issued under the Antarctic Conservation Act of 
1978.

DATES: Interested parties are invited to submit written data, comments, 
or views with respect to this permit application by October 20, 2006. 
Permit applications may be inspected by interested parties at the 
Permit Office, address below.

ADDRESSES: Comments should be addressed to Permit Office, Room 755, 
Office of Polar Programs, National Science Foundation, 4201 Wilson 
Boulevard, Arlington, Virginia 22230.

FOR FURTHER INFORMATION CONTACT: Dr. Polly A. Penhale, Environmental 
Officer, at the above address or (703) 292-8030.

SUPPLEMENTARY INFORMATION: NSF's Antarctic Waste Regulation, 45 CFR 
part 671, requires all U.S. citizens and entities to obtain a permit 
for the use or release of a designated pollutant in Antarctica, and for 
the release of waste in Antarctica. NSF has received a permit 
application under this Regulation for the operation of an expedition to 
Antarctica. Polar First plans for four pilots to fly two Bell 407 
Helicopters from Punta Arenas, Chile to the South Pole and return to 
Punta Arenas. All drums of fuel at Vernadsky, Bravo, Fowler, Patriot 
Hills and Thiel will be cached and removed by Antarctic Logistics and 
Expeditions (ALE).

[[Page 55031]]

    Application for the permit is made by: Jennifer Murray, Director, 
Solo World Challenge Ltd. ``Polar First'', Flat 2, One Onslow Gardens, 
London, SW7 3LX England.
    Location: Antarctic Peninsula and South Geographic Pole.
    Dates: January 1, 2007 to February 6, 2007.

Nadene G. Kennedy,
Permit Officer.
[FR Doc. 06-7758 Filed 9-19-06; 8:45 am]
BILLING CODE 7555-01-M
**Exhibit 23.2**

 

**EXPLANATION CONCERNING ABSENCE OF CURRENT WRITTEN CONSENT OF**

**ARTHUR ANDERSEN LLP**

 

On April 16, 2002, the Company’s board of directors determined that it would not engage Arthur Andersen LLP (“Arthur Andersen”) to serve as its independent auditors and on June 14, 2002 engaged Deloitte & Touche LLP(“Deloitte & Touche”) to serve as its independent auditors for the fiscal year ending December 31, 2002, (for additional information, see the Company’s Current Report on Form 8-K filed with the SEC on April 23, 2002). As a result,after reasonable efforts, the Company has been unable to obtain Arthur Andersen’s updated written consent to the incorporation by reference into this Annual Report on Form 10-K of Arthur Andersen’s audit report with respect to ourfinancial statements. Under these circumstances, Rule 437(a) under the Securities Act permits the omission of Arthur Andersen’s updated written consent from this filing, and permits the incorporation by reference of the financial statements,supplementary data and financial statement schedule included herein into present and future registration statements, without the written consent of Arthur Andersen. 

 

Section 11(a) of the Securities Act provides that if any part of a registration statement at the time it becomes effective contains anuntrue statement of a material fact or an omission to state a material fact required to be stated therein or necessary to make the statements therein not misleading, any person acquiring a security pursuant to such registration statement (unless itis proved that at the time of such acquisition such person knew of such untruth or omission) may sue, among others, every accountant who has consented to be named as having prepared or certified any part of the registration statement or as havingprepared or certified any report or valuation which is used in connection with the registration statement with respect to the statement in such registration statement, report or valuation which purports to have been prepared or certified by theaccountant. 

 

As noted above, Arthur Andersen has not consented to theincorporation by reference of its audit reports in this filing. Accordingly, Arthur Andersen may not have liability under Section 11(a) of the Securities Act because it has not consented to being named as an expert in any present or futureregistration statement into which this Form 10-K may be incorporated by reference. The Company believes, however, that other persons who may be liable under Section 11(a) of the Securities Act, including the Company’s officers and directors,may still rely on Arthur Andersen’s audit reports as being made by an expert under the due diligence defense provision of Section 11(b) of the Securities Act.
#### § 14.22 Certain antique articles.

Any person may import at any Customs Service port designated for such purpose, any article (other than scrimshaw, defined in 16 U.S.C 1539(f)(1)(B) and 50 CFR 217.12 as any art form that involves the etching or engraving of designs upon, or the carving of figures, patterns, or designs from, any bone or tooth of any marine mammal of the order Cetacea) that is at least 100 years old, is composed in whole or in part of any endangered or threatened species listed under § 17.11 or § 17.12 of this subchapter, and has not been repaired or modified with any part of any endangered or threatened species on or after December 28, 1973.

[61 FR 31868, June 21, 1996]
Document Headings

                    Document headings vary by document type but may contain                    the following:                  
                -                       the agency or agencies that issued and signed a document                    
                -                       the number of the CFR title and the number of each part                      the document amends, proposes to amend, or is directly                      related to                    
                -                       the agency docket number / agency internal file number                    
                -                       the RIN which identifies each regulatory action listed in                      the Unified Agenda of Federal Regulatory and Deregulatory                      Actions                    

                    See the                                          Document Drafting Handbook                                        for more details.                  

###### Department of Transportation

###### Office of the Secretary 

# AGENCY:

Department of Transportation. 

# ACTION:

Notice of order to show cause (Order 2006-9-10), Dockets OST-2005-22880 and OST 2005-23329. 

# SUMMARY:

The Department of Transportation is directing all interested persons to show cause why it should not issue orders finding Swift Air, LLC fit, willing, and able, and awarding it certificates of public convenience and necessity to engage in interstate and foreign charter air transportation of persons, property and mail. 

# DATES:

Persons wishing to file objections should do so no later than September 27, 2006. 

# ADDRESSES:

Objections and answers to objections should be filed in Dockets OST-2005-22880 and OST 2005-23329, and addressed to U.S. Department of Transportation, Docket Operations, (M-30, Room PL-401), 400 Seventh Street, SW., Washington, DC 20590, and should be served upon the parties listed in Attachment A to the order. 

# FOR FURTHER INFORMATION CONTACT:

                        Rona                                                le Taylor, Air Carrier Fitness Division (X-56, Room 6401), U.S. Department of Transportation, 400 Seventh Street, SW., Washington, DC 20590, (202) 366-9721.                     

Dated: September 13, 2006. 

Michael W. Reynolds, 

Acting Assistant Secretary for Aviation and International Affairs. 

[FR Doc. 06-7743 Filed 9-18-06; 8:45 am] 

BILLING CODE 4910-9X-P
#### § 90.1303 Eligibility.

Any entity, other than those precluded by section 310 of the Communications Act of 1934, as amended, 47 U.S.C. 310, is eligible to hold a license under this part.
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                                                                                                                                                                                                                                                                                                                                                                                                                CatalogMatches: 1Offline form Recent Popular Online Print OtherCOPS-P064Law Enforcement Intelligence: A Guide for State, Local, and Tribal Law Enforcement Agencies, 2nd EdSince the initial publication of Law Enforcement Intelligence: A Guide for State, Local and Tribal Law Enforcement Agencies in November 2004, there have been a number of significant changes that have once again had an impact on law enforcement intelligence. While the field is continually evolving, many of the changes have been captured in the second edition of this publication. In fact, 85 percent of the content is new including new chapters on intelligence-led policing; civil rights and privacy in the law enforcement intelligence process; public-private partnerships; fusion centers; suspicious activity; and open source information. This publication takes a comprehensive look at these topics as well federal and national law enforcement intelligence resources, networks, systems, human resources, and anticipated changes to the classification system moving from Sensitive But Unclassified information to Controlled Unclassified Information.By David L. CarterCategories: Homeland SecurityLanguage: EnglishPublic linkhttps://portal.cops.usdoj.gov/resourcecenter?item=cops-p064Click here to see the entire catalog.Cart:Download PDFWeb • Aug 2009Search catalogreset title abstract authors contentContaining text: exact phraseNot containing text: exact phraseLanguage:anyEnglishSpanishHmongVietnameseCategory:anyAlternatives to IncarcerationCommunity PartnershipsData and AnalysisEthics and IntegrityFoundations of Community PolicingHiring, Recruitment, and RetentionHomeland SecurityNew Immigrant CommunitiesNonviolent CrimeOtherPolice OperationsPOP Center ResourceSchool and Campus SafetyTechnologyTribalViolent CrimeYouth SafetyPublished after:Published before:Page1

                    

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Rendered on Mon Mar 4 2024 at 02:25 (UTC-5) in 0.19 secEnterprise Framework 3.21.7.7 • Store Controls 3.3.1.7Survey 500303407 Section 60000560 Rules Hints Inactive
Exhibit 31.2
 CERTIFICATION OF CFO AS REQUIRED BY RULE 13a-14 or 15d-14 OF THE
SECURITIES EXCHAGE ACT OF 1934, AS ADOPTED PURSUANT
TO SECTION 302 OF THESARBANES-OXLEY ACT OF 2002
  1.
    
    I have reviewed this quarterly report on Form 10-Q of Zap.Com Corporation;2.
    
    Based on my knowledge, this report does not contain any untrue statement of a material
fact or omit to state a material fact necessary to make the statements made, in light of
the circumstances under which such statements were made, not misleading with respect to the
period covered by this report;3.
    
    Based on my knowledge, the financial statements, and other financial information
included in this report, fairly present in all material respects the financial condition,
results of operations and cash flows of the registrant as of, and for, the periods
presented in this report;4.
    
    The registrants other certifying officer(s) and I are responsible for establishing and
maintaining disclosure controls and procedures (as defined in Exchange Act Rules 13a-15(e)
and 15d-15(e)) and internal control over financial reporting (as defined in Exchange Act
Rules 13a-15(f) and 15d-15(f)) for the registrant and have:
     5.
    
    The registrants other certifying officer(s) and I have disclosed, based on our most
recent evaluation of internal control over financial reporting, to the registrants
auditors and the audit committee of the registrants board of directors (or persons
performing the equivalent functions):
    /s/ Leonard DiSalvo

Leonard DiSalvo
Vice President  Finance and CFO
 14
#### §§ 95.505-95.517 [Reserved]