alea-institute/kl3m-data-sample-004-shuffled huggingface dataset:
COURT OF APPEALS FOR THE

FIRST DISTRICT OF TEXAS AT HOUSTON

ORDER ON MOTION

Appellate case name: Brandy Brenay Charles and Ronald Dwayne Whitfield

v. Texas Department of Family and Protective Services

Appellate case number: 01-18-00311-CV

Trial court case number: 2017-02559J

Trial court: 314th District Court of Harris County

On December 20, 2018, appellants Brandy Brenay Charles and Ronald Dwayne 

Whitfield filed a pro se “Amendment & Supplemental to Emergency Motion to Set Aside 

Void Judgment,” with a separate cover letter, in this case and the related appellate cause 

number 01-18-00485-CV. With respect to this case, this Court’s judgment was issued on 

May 8, 2018, and our mandate was issued on December 20, 2018.

This Court lacks jurisdiction to consider this motion because its plenary power has 

expired. This Court’s plenary power expired 30 days after it dismissed appellants’ pro se 

motions for rehearing/en banc reconsideration as moot on August 28, 2018. See TEX. R.

APP. P. 19.1(b). After the expiration of its plenary power, this Court cannot vacate or 

modify its judgment and Rule 19.3 limits this Court to items such as correcting clerical 

errors in its judgment/opinion. See TEX. R. APP. P. 19.3(a)-(d). Because appellants’ 

“Amendment & Supplemental to Emergency Motion to Set Aside Void Judgment” does 

not fall under one of the permitted post-plenary power items under Rule 19.3, it must be 

dismissed.

Accordingly, appellants’ emergency motion is dismissed for lack of jurisdiction.

Judge’s signature: ___/s/ Laura C. Higley____________________

 x Acting individually Acting for the Panel

Date: ___January 24, 2019_____
#### Boyd Alfred MONSANTO, Appellant, v. The STATE of Florida, Appellee.

No. 87-2214.

District Court of Appeal of Florida, Third District.

July 26, 1988.

As Corrected Sept. 20, 1988.

Bennett H. Brummer, Public Defender, and Robert Kalter, Asst. Public Defender, for appellant.

Robert A. Butterworth, Atty. Gen., and Michele L. Crawford, Asst. Atty. Gen., for appellee.

Before SCHWARTZ, C.J., and NESBITT and FERGUSON, JJ.

PER CURIAM.

The primary point on appeal is the challenge to defendant’s conviction for the possession and the use of a firearm during the commission of a felony, here, a kidnapping. We reverse.

The defendant was convicted of kidnapping, section 787.01, Florida Statutes (1985), as well as possession of a firearm in the commission of a felony, section 790.-07(2), Florida Statutes (1985). Because the evidence demonstrated that he employed a weapon in the commission of the kidnapping, that conviction was enhanced under the reclassification statute, section 775.-087(l)(a), Florida Statutes (1985).

Wé must vacate the conviction for possession of a firearm while committing a felony based on the supreme court’s decision in *Carawan v. State,*515 So.2d 161 (Fla.1987). *Carawan*states that when an accused is charged under two statutory provisions that manifestly address the same evil and no clear evidence of legislative intent exists, the most reasonable conclusion is that the legislature did not intend to impose multiple punishments for the same act. *Id.*at 168. In this case, even though the convictions for the two offenses charged required proof of different facts and thus met the elements of the *Block-burger*test,1 the court’s inquiry into the legislature’s intent does not end there. According to *Carawan,*multiple punishments in such cases “are presumed to be authorized *in the absence of a contrary legislative intent or any reasonable basis for concluding that a contrary intent existed” Id.*at 168 (emphasis in original).

*953In the case at hand, the defendant received an enhanced sentence on his kidnapping conviction because he used a firearm; in addition, he received a second sentence for carrying the firearm. In other words, the same offense was enhanced twice for carrying or displaying the same weapon. Certainly, the legislature did not intend such dual punishment for a single act. *See Hall v. State,*517 So.2d 678 (Fla.1988). For this reason, the defendant’s conviction for possession of a firearm during the commission of a felony must be reversed.

This result also mandates that the defendant’s sentence for armed kidnapping be vacated with directions that he be resen-tenced within the guidelines without including points for conviction of possession of a firearm in the commission of a felony.

Reversed and remanded.

1

. *Blockburger v. United States,*284 U.S. 299, 52 S.Ct. 180, 76 L.Ed. 306 (1932), codified in § 775.021(4) Fla.Stat. (1987).
|   | 1 | The                report fully complies with the requirements of section 13(a) or 15(d)                of                the Securities Exchange Act of 1934;                and |
|--------|---|-----------------------------------------------------------------------------------------------------------------------------------------------------------------------------------|

|   | 2 | The                information contained in the report fairly presents, in all material                respects, the financial condition and results of operations of the                Company. |
|--------|---|---------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------|

|                                  |                                                                                              |                                    |
|---------------------------------------|---------------------------------------------------------------------------------------------------|-----------------------------------------|
|                                  |                                                                                              |
|                             |                                                                                         |                               |
| Dated:              November 14, 2006 | By:                                                                                     | /s/              Katherine A. Ostruszka |
|                                  | Katherine              A. Ostruszka                                                               |
|                                  | Chief                Financial Officer And Controller(Principal                Financial Officer) |

----
II 

111TH CONGRESS 

1ST SESSION S. 2407 

To reduce temporarily the duty on lithium carbonates. 

IN THE SENATE OF THE UNITED STATES 

OCTOBER 29, 2009 

Mrs. HAGAN introduced the following bill; which was read twice and referred 

to the Committee on Finance 

A BILL 

To reduce temporarily the duty on lithium carbonates. 

1 Be it enacted by the Senate and House of Representa2 tives of the United States of America in Congress assembled, 

3 SECTION 1. LITHIUM CARBONATES. 

4 (a) IN GENERAL.—Subchapter II of chapter 99 of 

5 the Harmonized Tariff Schedule of the United States is 

6 amended by inserting in numerical sequence the following 

7 new heading: 

‘‘ 9902.01.00 Lithium carbonates (provided 

for in subheading 

2836.91.00) ........................... 2.3% No change No change On or before 

12/31/2011 ’’. 

8 (b) EFFECTIVE DATE.—The amendment made by 

9 subsection (a) applies to goods entered, or withdrawn from 


smartinez on DSKB9S0YB1PROD with BILLS
2 

•S 2407 IS

1 warehouse for consumption, on or after the 15th day after 

2 the date of enactment of this Act. 

Æ 


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. Recen t events , includin g th e successfu l preservatio n o fJapa n Airlines ' oneworl d Allianc e membership , hav e underscore d American' s sti'on g commitmen tt o th e trans-Pacifi cmarket

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an d Lo s Angele s metr o area s wil l gai n significan t economi cbenefit s fro m thes e propose d ne wfirghts , a s "wil l American' s customer s and,employees

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#### STATE ex rel. Irving STERLING v. Hon. Frank BLACKBURN, Warden, Louisiana State Penitentiary.

No. 86-KH-2027.

Supreme Court of Louisiana.

June 12, 1987.

In re Sterling, Irving; applying for writ of certiorari and/or review, prohibition, mandamus of habeas corpus; Parish of Orleans, Criminal District Court, Div. “F”, No. 251-467.

Denied on the showing made.
#### Harold PAINTER, Appellant, v. STATE of Florida, Appellee.

No. 87-827.

District Court of Appeal of Florida, Fifth District.

Jan. 21, 1988.

James B. Gibson, Public Defender, and James R. Wulchak, Chief, Appellate Div., Asst. Public Defender, Daytona Beach, for appellant.

Robert A. Butterworth, Atty. Gen., Tallahassee, and Ellen D. Phillips,. Asst. Atty. Gen., Daytona Beach, for appellee.

PER CURIAM.

Based upon the stipulation of the parties before this court, the sixty hours of community service imposed by the trial court pursuant to section 27.3455(1), Florida Statutes, in the defendant’s judgment, are hereby stricken.

The defendant’s conviction and sentence are otherwise

AFFIRMED.

SHARP, C.J., and ORFINGER and COWART, JJ., concur.
##### 



EXHIBIT 10.1
 THIRD AMENDMENT TO SENIOR SECURED  REVOLVING CREDIT AGREEMENT
 THIS THIRD AMENDMENT TO SENIOR SECURED REVOLVING CREDIT AGREEMENT 29 REPUBLIC PROPERTY LIMITED PARTNERSHIP REPUBLIC PROPERTY TRUST THE OTHER ENTITIES LISTED ON THE SIGNATURE PAGES HEREOF AS
GUARANTORS KEYBANK NATIONAL ASSOCIATION THE OTHER LENDERS WHICH ARE SIGNATORIES HERETO KEYBANK NATIONAL
ASSOCIATION
 WITNESSETH:
 WHEREAS
 WHEREAS
 WHEREAS
 NOW, THEREFORE
 Definitions
 Modification of the Credit Agreement




---



##### 



Funds from Operations
  Interest Expense
 References to Credit Agreement
 Acknowledgment of Borrower and Guarantors
 Representations and Warranties
 Authorization
 2




---



##### 



Enforceability
 Approvals
 Reaffirmation
 No Default
 Waiver of Claims
 Ratification
 Effective Date
 3




---



##### 



Amendment as Loan Document
 Counterparts
 MISCELLANEOUS
 [Remainder of Page Intentionally Left Blank]
 4




---



##### 



IN WITNESS WHEREOF
 BORROWER:REPUBLIC PROPERTY LIMITED PARTNERSHIP, a 
Delaware limited partnershipBy:
    Republic Property Trust, a Maryland real estateinvestment trust, its sole general partnerBy:
    /s/ Michael J. GreenName:
    Michael J. GreenTitle:
    Executive Vice President and CFO(SEAL) GUARANTORS:REPUBLIC PROPERTY TRUST, a Maryland real estate 
investment trustBy:
    /s/ Michael J. GreenName:
    Michael J. GreenTitle:
    Executive Vice President and CFO RPT PRESIDENTS PARK LLC, a Delaware limited 
liability companyBy:
    /s/ Michael J. GreenName:
    Michael J. GreenTitle:
    Executive Vice President and CFO PRESIDENTS PARK I LLC, a Delaware limited liability 
companyBy:
    /s/ Michael J. GreenName:
    Michael J. GreenTitle:
    Executive Vice President and CFO [SIGNATURES CONTINUED ON NEXT PAGE]
 5




---



##### 



PRESIDENTS PARK II LLC, a Delaware limited liability 
companyBy:
    /s/ Michael J. GreenName:
    Michael J. GreenTitle:
    Executive Vice President and CFO PRESIDENTS PARK III LLC, a Delaware limited 
liability companyBy:
    /s/ Michael J. GreenName:
    Michael J. GreenTitle:
    Executive Vice President and CFO [SIGNATURES CONTINUED ON NEXT PAGE]
 6




---



##### 



LENDERS:KEYBANK NATIONAL ASSOCIATION,
individually as a Lender and as AgentBy:
    /s/ Michael P. SzubaName:
    Michael P. SzubaTitle:
    Vice PresidentSUNTRUST BANKBy:
    /s/ Nancy B. RichardsName:
    Nancy B. RichardsTitle:
    Senior Vice PresidentCHARTER ONE BANK, N.A.By:
    /s/ Florentina DjulvezanName:
    Florentina DjulvezanTitle:
    Vice PresidentRAYMOND JAMES BANK, FSBBy:
    /s/ Steven F. PaleyName:
    Steven F. PaleyTitle:
    Vice PresidentPNC BANK, NATIONAL ASSOCIATIONBy:
    /s/ Timothy P. GleasonName:
    Timothy P. GleasonTitle:
    Vice President [SIGNATURES CONTINUED ON NEXT PAGE]
 7




---



##### 



SOVEREIGN BANKBy:
    /s/ T. Gregory DonohueName:
    T. Gregory DonohueTitle:
    Senior Vice President WACHOVIA BANK, NATIONAL ASSOCIATIONBy:
    /s/ Amit KhimjiName:
    Amit KhimjiTitle:
    Vice President EMIGRANT REALTY FINANCEBy:
    /s/ Russell T. WymanName:
    Russell T. WymanTitle:
    Vice President 8
```

[Congressional Bills 111th Congress]
[From the U.S. Government Publishing Office]
[S. 2351 Introduced in Senate (IS)]

111th CONGRESS
  1st Session
                                S. 2351

 To extend temporarily the suspension of duty on Rhenogran Geniplex-70.

_______________________________________________________________________

                   IN THE SENATE OF THE UNITED STATES

                            October 29, 2009

  Mr. Voinovich (for himself and Mr. Brown) introduced the following 
  bill; which was read twice and referred to the Committee on Finance

_______________________________________________________________________

                                 A BILL

 
 To extend temporarily the suspension of duty on Rhenogran Geniplex-70.

    Be it enacted by the Senate and House of Representatives of the 
United States of America in Congress assembled,

SECTION 1. RHENOGRAN GENIPLEX-70.

    (a) In General.--Heading 9902.12.76 of the Harmonized Tariff 
Schedule of the United States (relating to Rhenogran Geniplex-70) is 
amended by striking the date in the effective column period and 
inserting ``12/31/2011''.
    (b) Effective Date.--The amendment made by subsection (a) applies 
to goods entered, or withdrawn from warehouse for consumption, on or 
after the 15th day after the date of the enactment of this Act.
                                 <all>
```
<TABLE> <S> <C>


<ARTICLE> 5

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<FISCAL-YEAR-END>                              APR-30-1998
<PERIOD-START>                                 MAY-01-1997
<PERIOD-END>                                   APR-30-1998
<CASH>                                                   0
<SECURITIES>                                             0
<RECEIVABLES>                                            0
<ALLOWANCES>                                             0
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<CURRENT-LIABILITIES>                               34,751
<BONDS>                                                  0
<PREFERRED-MANDATORY>                                    0
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<COMMON>                                           437,415
<OTHER-SE>                                        (472,166)
<TOTAL-LIABILITY-AND-EQUITY>                             0
<SALES>                                                  0
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<CGS>                                                    0
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<OTHER-EXPENSES>                                     1,732
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<INCOME-PRETAX>                                     (1,732)
<INCOME-TAX>                                             0
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<EXTRAORDINARY>                                          0
<CHANGES>                                                0
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<EPS-BASIC>                                              0
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</TABLE>
<PAGE>
                                                                    EXHIBIT 99.2

                            CERTIFICATION PURSUANT TO
                             18 U.S.C. SECTION 1350,
                             AS ADOPTED PURSUANT TO
                  SECTION 906 OF THE SARBANES-OXLEY ACT OF 2002

In connection with the annual report of Presstek, Inc. (the "Company") on Form
10-K for the year ended December 28, 2002 as filed with the Securities and
Exchange Commission on the date hereof (the "Report"), I, Moosa E. Moosa, Vice
President - Finance and Chief Financial Officer of the Company, certify,
pursuant to 18 U.S.C. Section 1350, as adopted pursuant to Section 906 of the
Sarbanes-Oxley Act of 2002, that:

         (1) The Report fully complies with the requirements of section 13(a) or
15(d) of the Securities Exchange Act of 1934; and

         (2) The information contained in the Report fairly presents, in all
material respects, the financial condition and results of operations of the
Company.

/s/ Moosa E. Moosa
------------------------------------
Moosa E. Moosa
Vice President - Finance and Chief Financial Officer
March [  ], 2003

A signed original of this written statement required by Section 906 has been
provided to Presstek, Inc. and will be retained by Presstek, Inc. and furnished
to the Securities and Exchange Commission or its staff upon request.
#### STATE ex rel. Harry LUCAS v. Frank C. BLACKBURN, Warden, Louisiana State Penitentiary and Hon. Edward C. Dufreche, 21st Judicial District Court.

No. 87-KH-0890.

Supreme Court of Louisiana.

Jan. 8, 1988.

In re Lucas, Harry; applying for writ of certiorari and/or review; Parish of Tangi-pahoa, 21st Judicial District Court, Div. “E”, No. 48949.

Denied.
**Exhibit 32.1**

 

**CERTIFICATION PURSUANT TO 18 U.S.C. SECTION 1350, AS ADOPTED PURSUANT TO SECTION 906 OF THE SARBANES-OXLEY ACT OF 2002**

 

In connection with the Quarterly Report of Magnum Hunter Resources Corporation (the “Company”) on Form 10-Q filed on November 14, 2012 for the quarter ended September 30, 2012 as filed with the Securities and Exchange Commission on the date hereof (the “Report”), I, Gary C. Evans, chairman of the Company, certify, pursuant to 18 U.S.C. § 1350, as adopted pursuant to § 906 of the Sarbanes-Oxley Act of 2002, that, to the best of my knowledge:

 

(1) The Report fully complies with the requirements of Section 13(a) or 15(d) of the Securities Exchange Act of 1934; and

 

(2) The information contained in the Report fairly presents, in all material respects, the financial condition and results of operations of the Company.

 

November 14, 2012

 
| ** ** | **/s/**Gary C. Evans                     |   |
|------------|------------------------------------------|--------|
| ** ** | **Gary C. Evans,**                       |   |
| ** ** | **Chairman and Chief Executive Officer** |   |

 

In connection with the Quarterly Report of Magnum Hunter Resources Corporation (the “Company”) on Form 10-Q filed on November 14, 2012 for the quarter ended September 30, 2012 as filed with the Securities and Exchange Commission on the date hereof (the “Report”), I, Ronald D. Ormand, chief financial officer of the Company, certify, pursuant to 18 U.S.C. § 1350, as adopted pursuant to § 906 of the Sarbanes-Oxley Act of 2002, that, to the best of my knowledge:

 

(1) The Report fully complies with the requirements of Section 13(a) or 15(d) of the Securities Exchange Act of 1934; and

 

(2) The information contained in the Report fairly presents, in all material respects, the financial condition and results of operations of the Company.

 

November 14, 2012

 
|       | /s/   Ronald D. Ormand      |   |
|------------|-----------------------------|--------|
| ** ** | **Ronald D. Ormand,**       |   |
| ** ** | **Chief Financial Officer** |   |

 

----
Exhibit 32.1





CERTIFICATION





Each of
the undersigned officers of Cyalume Technologies Holdings, Inc. (the
"Company") hereby certifies that, to his knowledge, the Company's Quarterly
Report on Form 10-Q to which this certification is attached (the "Report"),
as filed with the Securities and Exchange Commission on the date hereof, fully
complies with the requirements of Section 13(a) or 15(d), as applicable, of
the Securities Exchange Act of 1934, as amended (the "Exchange Act"), and that
the information contained in the Report fairly presents, in all material
respects, the financial condition and results of operations of the
Company.


Date:
      May 12, 2010
            
            /s/  DEREK
      DUNAWAY
              
              Derek
      Dunaway,
                Chief
      Executive Officer
                (Principal
      Executive Officer)





Date:
      May 12, 2010
            
            /s/  MICHAEL
      BIELONKO
              
              Michael
      Bielonko,
                Chief
      Financial Officer
                (Principal
      Financial Officer and
                Chief
      Accounting Officer)





This
certification is being furnished and not filed, and shall not be incorporated
into any document for any purpose, under the Securities Exchange Act of 1934 or
the Securities Act of 1933.
EXHIBIT 32.1

CERTIFICATION OF QUARTERLY REPORT ON FORM 10-Q

Pursuant to 18 U.S.C. ss. 1350, as adopted pursuant to ss. 906 of
the Sarbanes-Oxley Act of 2002, in connection with the filing of Harry & David Holdings, Inc.s (the Company) Quarterly Report on Form 10-Q for the quarter ended September 27, 2008, as filed with the Securities and
Exchange Commission on the date hereof (the Report), each of the undersigned officers certifies that:



| | 1. | The Report fully complies with the requirements of section 13(a) or 15(d) of the Securities Exchange Act of 1934; and
| | -- | ---------------------------------------------------------------------------------------------------------------------



| | 2. | The information contained in the Report fairly presents, in all material respects, the financial condition and results of operations of the Company as of and for the periods
presented in the Report.
| | -- | ------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------

Date: November 7, 2008



By:

/S/ WILLIAM H. WILLIAMSWilliam H. WilliamsPresident and Chief Executive OfficerBy:

/S/ STEPHEN V. OCONNELLStephen V. OConnellChief Financial Officer and Chief Administrative Officer