alea-institute/kl3m-data-sample-004-shuffled huggingface dataset:
DISTRICT COURT OF APPEAL OF THE STATE OF FLORIDA

FOURTH DISTRICT

MARCUS ALLAN COLLINS,

Appellant,

v.

STATE OF FLORIDA,

Appellee.

No. 4D21-1645

[April 21, 2022]

Appeal of order denying rule 3.850 motion from the Circuit Court for 

the Fifteenth Judicial Circuit, Palm Beach County; Daliah Weiss, Judge; 

L.T. Case No. 50-2012-CF-001701-AXXX-MB.

Antony P. Ryan, Regional Counsel, and Richard G. Bartmon, Assistant 

Regional Counsel, Office of Criminal Conflict and Civil Regional Counsel, 

West Palm Beach, for appellant.

Ashley Moody, Attorney General, Tallahassee, and Kimberly T. Acuna, 

Assistant Attorney General, West Palm Beach, for appellee.

PER CURIAM.

Affirmed.

MAY, CIKLIN and KLINGENSMITH, JJ., concur.

* * *

Not final until disposition of timely filed motion for rehearing.
#### Therion FRIERSON, Appellant, v. STATE of Florida, Appellee.

No. 86-2201.

District Court of Appeal of Florida, Fifth District.

July 2, 1987.

*1017Therion Frierson, pro se, Polk City.

Robert A. Butterworth, Atty. Gen., Tallahassee, and Sean Daly, Asst. Atty. Gen., Daytona Beach, for appellee.

COBB, Judge.

The defendant, Frierson, was convicted in 1985 of burglary of a structure, and sentenced to a term of ten years, the trial judge departing from the guidelines based on a finding that Frierson was an habitual offender. He appealed that conviction but not the sentence, and there was an affirmance by this court in March, 1986. In November, 1986, Frierson filed a motion pursuant to Florida Rule of Criminal Procedure 3.800(a)1 to reduce his sentence to conform to the guideline range of two-and-a-half to three-and-a-half years. The motion specifically relied upon the Florida Supreme Court case of *Whitehead v. State,*498 So.2d 863 (Fla.1986). That motion was summarily denied by the trial judge on November 25,1986, and this appeal ensued.

In *Whitehead*the Florida Supreme Court held that, in view of the sentencing guidelines, the habitual offender statute (§ 775.-084) is no longer *viable*— i.e., it was repealed by implication. *See Whitehead v. State,*498 So.2d 863, 867 (Fla.1986) (Overton, J., dissenting). *See also Bass v. State,*12 FLW 289 (Fla. June 11, 1987).2 Since section 775.084 was repealed by enactment of the guidelines as of October 1, 1983, the maximum legal sentence which could have been imposed upon Frierson in 1985 was five years, not ten years.3 Rule 3.800(a) is available *at any time*to correct an illegal sentence, and the trial court erred in its summary denial of Frierson’s motion.

Upon remand for resentencing, the trial court may not enter a departure sentence in excess of five years, and may not depart from the guidelines at all based merely on a simple finding that Frierson is “an habitual offender.” Departure may be available in this case, however, if requisite findings are made in conformity with *Williams v. State,*504 So.2d 392 (Fla.1987). *See Brockington v. State,*506 So.2d 495 (Fla. 5th DCA 1987).

REVERSED and REMANDED for re-sentencing.

UPCHURCH, C.J., and SHARP, J., concur.

1

. The rule provides:

> A court may at any time correct an illegal sentence imposed by it....

2

. *But see McCuiston v. State,*12 FLW 1357 (Fla. 2nd DCA May 29, 1987); *Kiser v. State,*505 So.2d 9 (Fla. 1st DCA 1987).

3

.Frierson was convicted of burglary of a structure, which is a third-degree felony carrying a statutory maximum penalty of five years’ imprisonment. §§ 810.02(3), 775.082(3)(d), Fla. Stat. (1985).
<TABLE> <S> <C>

<ARTICLE> 9
<RESTATED>
<MULTIPLIER> 1,000

<S>                             <C>
<PERIOD-TYPE>                   YEAR
<FISCAL-YEAR-END>                          DEC-31-1996
<PERIOD-START>                             JAN-01-1996
<PERIOD-END>                               DEC-31-1996
<CASH>                                           8,272
<INT-BEARING-DEPOSITS>                               0
<FED-FUNDS-SOLD>                                   233
<TRADING-ASSETS>                                     0
<INVESTMENTS-HELD-FOR-SALE>                     38,094
<INVESTMENTS-CARRYING>                           5,193
<INVESTMENTS-MARKET>                             5,279
<LOANS>                                        157,454
<ALLOWANCE>                                      1,472
<TOTAL-ASSETS>                                 215,667
<DEPOSITS>                                     199,911
<SHORT-TERM>                                     1,050
<LIABILITIES-OTHER>                              1,202
<LONG-TERM>                                          0
<PREFERRED-MANDATORY>                                0
<PREFERRED>                                          0
<COMMON>                                         4,331
<OTHER-SE>                                       9,173
<TOTAL-LIABILITIES-AND-EQUITY>                 215,667
<INTEREST-LOAN>                                 14,113
<INTEREST-INVEST>                                2,512
<INTEREST-OTHER>                                    85
<INTEREST-TOTAL>                                16,710
<INTEREST-DEPOSIT>                               7,653
<INTEREST-EXPENSE>                               7,731
<INTEREST-INCOME-NET>                            8,979
<LOAN-LOSSES>                                      420
<SECURITIES-GAINS>                                  89
<EXPENSE-OTHER>                                  6,359
<INCOME-PRETAX>                                  4,002
<INCOME-PRE-EXTRAORDINARY>                       4,002
<EXTRAORDINARY>                                      0
<CHANGES>                                            0
<NET-INCOME>                                     2,565
<EPS-PRIMARY>                                      .37
<EPS-DILUTED>                                      .34
<YIELD-ACTUAL>                                    5.18
<LOANS-NON>                                          0
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<LOANS-PROBLEM>                                    172
<ALLOWANCE-OPEN>                                 1,062
<CHARGE-OFFS>                                       22
<RECOVERIES>                                        12
<ALLOWANCE-CLOSE>                                1,472
<ALLOWANCE-DOMESTIC>                                24
<ALLOWANCE-FOREIGN>                                  0
<ALLOWANCE-UNALLOCATED>                          1,448


</TABLE>
#### STATE of Louisiana v. Cyrillia YOUNG.

No. 87-K-0876.

Supreme Court of Louisiana.

June 12, 1987.

In re Young, Cyrillia; applying for writ of certiorari and/or review; to the Court of Appeal, Fourth Circuit, No. KA-4054; Parish of Orleans, Criminal District Court, Div. “A”, No. 312-950.

Prior report: La.App., 503 So.2d 511.

Denied.

DIXON, C.J., and CALOGERO, J., would grant the writ.
In connection with the Annual Report of Dynamic Oil and Gas, Inc. (the Company) on Form 20-F for the period ending March 31, 2002 as filed with the Securities and Exchange Commission on the date hereof (the Report), I, Michael A. Bardell, Chief Financial Officer (Principal 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/  Michael A. Bardell

Michael A. BardellChief Financial Officer (Principal Financial Officer)
August 19, 2002
EXHIBIT 99.2

              CERTIFICATION OF CHIEF FINANCIAL OFFICER PURSUANT TO
                SECTION 302(a) OF THE SARBANES-OXLEY ACT OF 2002

      I, Xin Zhang, certify that:

      1. I have reviewed this quarterly report on Form 10-QSB of Universal
Travel Group.

      2. Based on my knowledge, this quarterly 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
quarterly report;

      3. Based on my knowledge, the financial statements, and other financial
information included in this quarterly 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 quarterly report;

      4. The registrant's other certifying officer 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)) for the registrant and have:

            a) designed such disclosure controls and procedures, or caused such
disclosure controls and procedures to be designed under our supervision, to
ensure that material information relating to the registrant, including its
consolidated subsidiaries, is made known to us by others within those entities,
particularly during the period in which this quarterly report is being prepared;
and

            b) evaluated the effectiveness of the registrant's disclosure
controls and procedures and presented in this report our conclusions about the
effectiveness of the disclosure controls and procedures, as of the end of the
period covered by this report based on such evaluation; and

      5. The registrant's other certifying officer 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 registrant's board of
directors (or persons performing the equivalent functions):

            a) all significant deficiencies and material weakness in the design
or operation of internal controls over financial reporting which are reasonably
likely to adversely affect the registrant's ability to record, process,
summarize and report financial data; and

            b) any fraud, whether or not material, that involves management or
other employees who have a significant role in the registrant's internal control
over financial reporting.


Date: August 14, 2007                /s/ Xin Zhang
                                     -------------------------------------------
                                     Name: Xin Zhang
                                     Title: Chief Financial Officer
#### STATE of Louisiana v. Wilbert ROBERTSON.

No. 87-K-2240.

Supreme Court of Louisiana.

Jan. 8, 1988.

In re Robertson, Wilbert; applying for writ of certiorari and/or review; to the Court of Appeal, Second Circuit, No. 18801-KA; Parish of Caddo, 1st Judicial District Court, Div. “C”, No. 130808.

Prior report: La.App., 511 So.2d 1237.

Denied.
----

**Exhibit      32.1**

**CERTIFICATION      OF CHIEF EXECUTIVE OFFICER AND **

**CHIEF      FINANCIAL OFFICER**

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

| /s/                L. Paul Latham                             |
|---------------------------------------------------------------|
| L.                Paul Latham                                 |
| President                and Chief Executive Officer          |
| of                Southwest Royalties, Inc., the              |
| Managing                General Partner of                    |
| Southwest                Oil & Gas Income Fund IX-A, L.P. |
|                                                          |
| April                5, 2007                                  |
|                                                          |
|                                                          |
| /s/                Mel G. Riggs                               |
| Mel                G. Riggs                                   |
| Vice                President and Chief Financial Officer of  |
| Southwest                Royalties, Inc., the                 |
| Managing                General Partner of                    |
| Southwest                Oil & Gas Income Fund IX-A, L.P. |
|                                                          |
| April                5,                2007                   |
II 

111TH CONGRESS 

1ST SESSION S. 2176 

To extend the temporary suspension of duty on certain plasticizers. 

IN THE SENATE OF THE UNITED STATES 

OCTOBER 29, 2009 

Mr. SPECTER (for himself and Mr. CASEY) introduced the following bill; which 

was read twice and referred to the Committee on Finance 

A BILL 

To extend the temporary suspension of duty on certain 

plasticizers. 

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

3 SECTION 1. CERTAIN PLASTICIZERS. 

4 (a) IN GENERAL.—Heading 9902.24.61 of the Har5 monized Tariff Schedule of the United States (relating to 

6 certain plasticizers) is amended by striking ‘‘12/31/2009’’ 

7 and inserting ‘‘12/31/2011’’. 

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

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


tjames on DSKG8SOYB1PROD with BILLS
2 

•S 2176 IS

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

2 the date of the enactment of this Act. 

Æ 


tjames on DSKG8SOYB1PROD with BILLS
[Federal Register Volume 77, Number 54 (Tuesday, March 20, 2012)]
[Notices]
[Page 16246]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 2012-6710]


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

DEPARTMENT OF HEALTH AND HUMAN SERVICES

National Institutes of Health


National Institute of Arthritis and Musculoskeletal and Skin 
Diseases; Notice of Closed Meeting

    Pursuant to section 10(d) of the Federal Advisory Committee Act, as 
amended (5 U.S.C. App.), notice is hereby given of a meeting of the 
Board of Scientific Counselors, NIAMS. The meeting will be closed to 
the public as indicated below in accordance with the provisions set 
forth in section 552b(c)(6), Title 5 U.S.C., as amended for the review, 
discussion, and evaluation of individual intramural programs and 
projects conducted by the National Institute of Arthritis and 
Musculoskeletal and Skin Diseases, including consideration of personnel 
qualifications and performance, and the competence of individual 
investigators, the disclosure of which would constitute a clearly 
unwarranted invasion of personal privacy.

    Name of Committee: Board of Scientific Counselors, NIAMS.
    Date: April 10-11, 2012.
    Time: 5:30 p.m. to 3 p.m.
    Agenda: To review and evaluate personal qualifications and 
performance, and competence of individual investigators.
    Place: National Institutes of Health, Building 31, 31 Center 
Drive, Conference Room 4C32, Bethesda, MD 20892.
    Contact Person: John J. O'Shea, M.D., Ph.D., Scientific 
Director, National Institute of Arthritis & Musculoskeletal and Skin 
Diseases, Building 10, Room 9N228, MSC 1820, Bethesda, MD 20892, 
(301) 496-2612, <a href="/cdn-cgi/l/email-protection#7d120e15181c173d1c0f1f5313141c100e53131415531a120b"><span class="__cf_email__" data-cfemail="ef809c878a8e85af8e9d8dc181868e829cc1818687c1888099">[email protected]</span></a>.

(Catalogue of Federal Domestic Assistance Program Nos. 93.846, 
Arthritis, Musculoskeletal and Skin Diseases Research, National 
Institutes of Health, HHS)

    Dated: March 13, 2012.
Jennifer S. Spaeth,
Director, Office of Federal Advisory Committee Policy.
[FR Doc. 2012-6710 Filed 3-19-12; 8:45 am]
BILLING CODE 4140-01-P


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<PAGE>

                                                                 Exhibit 23.1



                         INDEPENDENT AUDITORS' CONSENT


We consent to the incorporation by reference in Registration Statement No.33-
60966 of DQE, Inc. on Form S-3, Post Effective Amendment No. 3 to Registration
Statement No. 33-29147 of DQE, Inc. on Form S-8, Registration Statement Nos.
33-66488 and 33-72582 of DQE, Inc. on Form S-8, Post Effective Amendment No. 1
to Registration Statement Nos. 33-46773 and 33-87974 of DQE, Inc. on Form S-8,
Amendment No. 1 to Registration Statement No. 333-32433 of DQE, Inc. on Form S-4
and Amendment No. 1 to Registration Statement Nos. 333-80377 and 333-80377-1 of
DQE Capital Corporation, on Form S-3 of our report dated February 1, 2001,
appearing in and incorporated by reference in the Annual Report on Form 10-K of
DQE, Inc. for the year ended December 31, 2000.

/s/Deloitte & Touche LLP


DELOITTE & TOUCHE LLP
Pittsburgh, Pennsylvania
March 26, 2001
IIA

106TH CONGRESS

2D SESSION S. J. RES. 47

Disapproving the extension of the waiver authority contained in section 402(c)

of the Trade Act of 1974 with respect to Vietnam.

IN THE SENATE OF THE UNITED STATES

JUNE 6, 2000

Mr. SMITH of New Hampshire introduced the following joint resolution; which

was read twice and referred to the Committee on Finance

JOINT RESOLUTION

Disapproving the extension of the waiver authority contained

in section 402(c) of the Trade Act of 1974 with respect

to Vietnam.

1 Resolved by the Senate and House of Representatives

2 of the United States of America in Congress assembled,

3 That Congress does not approve the extension of the au4 thority contained in section 402(c) of the Trade Act of

5 1974 recommended by the President to Congress on June

6 2, 2000, with respect to Vietnam.

Æ
```

[Congressional Bills 106th Congress]
[From the U.S. Government Publishing Office]
[S. Con. Res. 51 Engrossed in Senate (ES)]

  1st Session
S. CON. RES. 51

_______________________________________________________________________

                         CONCURRENT RESOLUTION

    Resolved by the Senate (the House of Representatives concurring), 
That when the Senate recesses or adjourns at the close of business on 
Thursday, August 5, 1999, Friday, August 6, 1999, or Saturday, August 
7, 1999, on a motion offered pursuant to this concurrent resolution by 
its Majority Leader or his designee, it stand recessed or adjourned 
until noon on Wednesday, September 8, 1999, or until such time on that 
day as may be specified by its Majority Leader or his designee in the 
motion to recess or adjourn, or until noon on the second day after 
Members are notified to reassemble pursuant to section 2 of this 
concurrent resolution, whichever occurs first; and that when the House 
adjourns on the legislative day of Thursday, August 5, 1999, Friday, 
August 6, 1999, or Saturday, August 7, 1999, on a motion offered 
pursuant to this concurrent resolution by its Majority Leader or his 
designee, it stand adjourned until 10:00 a.m. on Wednesday, September 
8, 1999, or until noon on the second day after Members are notified to 
reassemble pursuant to section 2 of this concurrent resolution, 
whichever occurs first.
    Sec. 2. The Majority Leader of the Senate and the Speaker of the 
House, acting jointly after consultation with the Minority Leader of 
the Senate and the Minority Leader of the House, shall notify the 
Members of the Senate and House, respectively, to reassemble whenever, 
in their opinion, the public interest shall warrant it.

            Passed the Senate August 5, 1999.

            Attest:

                                                             Secretary.
106th CONGRESS

  1st Session

                            S. CON. RES. 51

_______________________________________________________________________

                         CONCURRENT RESOLUTION

 Providing for a conditional adjournment or recess of the Senate and a 
        conditional adjournment of the House of Representatives.
```
## I N T H E C O U R T O F C R I M I N A L A P P E A L S O F T E X A S NO. WR-51,030-12
IN RE P AUL ANDR EW PR OP ES, JR., AKA P AUL A. P ORP US, JR., Relator

ON AP P LICATION FOR A WRIT OF M ANDAM US CAUSE NO. W366-81575-98-HC2 IN THE 366T H DISTRICT COURT

F ROM COLLIN COUNTY
Per curiam . O R D E R Relator has filed a motion for leave to file an application for a writ of mandamus under this Court’s orig inal jurisdiction. He contends that he filed an application for a writ of habea s corpus in Colli n County

and his applica tion has not been prope rly forwa rded to this Court. Respondent, the District Clerk of Colli n County , shall forwa rd Relator’s habea s application to this Court, respond that Relator has not filed a habea s application in C ollin County , or forward
a copy of an order desig nating issues toge ther with corr espondenc e documenting the date the State
rec eived Relator’s habea s application. See T E X . C O D E C R I M . P R O C . art. 11.07, § 3(c) and (d); T E X . R. A P P . P. 73.4(b)( 5). This motion for leave to file will be held. Respondent shall comply with this order within thirty

day s from the da

te of this order
.2

Filed: F ebrua

ry 1, 2023 Do not publish
II 

111TH CONGRESS 

1ST SESSION S. 2153 

To suspend temporarily the duty on grocery bags of nonwoven fabric wholly 

of polypropylene. 

IN THE SENATE OF THE UNITED STATES 

OCTOBER 29, 2009 

Mr. SPECTER (for himself and Mr. CASEY) introduced the following bill; which 

was read twice and referred to the Committee on Finance 

A BILL 

To suspend temporarily the duty on grocery bags of 

nonwoven fabric wholly of polypropylene. 

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

3 SECTION 1. GROCERY BAGS OF NONWOVEN FABRIC WHOL4 LY OF POLYPROPYLENE. 

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

6 the Harmonized Tariff Schedule of the United States is 

7 amended by inserting in numerical sequence the following 

8 new heading: 


tjames on DSKG8SOYB1PROD with BILLS
2 

•S 2153 IS

‘‘ 9902.01.00 Grocery bags of nonwoven 

fabric wholly of polypropylene, of which the fabric 

comprising the outer surface 

of the bag is at least 70 

grams per square meter and 

does not exceed 110 grams 

per square meter, with handles of nonwoven fabric wholly of polypropylene sewn on, 

with a capacity not to exceed 

23 liters each, of a type used 

to carry food or beverages 

purchased in grocery stores, 

supermarkets or pharmacies 

or the like (provided for in 

subheading 4202.92.30) ........ Free No change No change On or before 

12/31/2011 ’’. 

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

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

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

4 the date of the enactment of this Act. 

Æ 


tjames on DSKG8SOYB1PROD with BILLS