alea-institute/kl3m-data-sample-004-shuffled huggingface dataset:
#### STATE of Florida, Appellant, v. Booker T. RAY a/k/a Robert T. Barron, Appellee.

Nos. 86-2209, 86-2210.

District Court of Appeal of Florida, Second District.

Oct. 7, 1987.

Robert A. Butterworth, Atty. Gen., Tallahassee, and Theda R. James and Carol M. Dittmar, Asst. Atty. Gen., Tampa, for appellant.

*763J. Chesney Carson, Dunedin, for appel-lee.

PER CURIAM.

The state appeals from the trial court’s dismissal of the information against defendant. The dismissal was on the basis of the state having untimely provided discovery information to defendant. We reverse.

No prejudice to defendant is shown by the record to have resulted. *See State v. Peragine,*465 So.2d 1258 (Fla. 5th DCA 1985); *State v. Del Gaudio,*445 So.2d 605 (Fla. 3d DCA 1984); *State v. Banks,*418 So.2d 1059 (Fla. 2d DCA 1982).

No motion for discharge on speedy trial grounds having been filed, we do not address that aspect.

Reversed and remanded for proceedings consistent herewith.

CAMPBELL, A.C.J., and SCHOONOVER and LEHAN, JJ., concur.
EXHIBIT
32.2





CERTIFICATION





PURSUANT
TO RULE 13A-14(B) OR RULE 15D-14(B)





OF THE
SECURITIES EXCHANGE ACT OF 1934 AND 18 U.S.C. SECTION 1350





In
connection with the Quarterly Report of EPL Intermediate, Inc. (the "Company")
on Form 10-Q for the quarterly period ended September 30, 2009 as filed with the
Securities and Exchange Commission on the date hereof (the "Report"), I, Gary
Campanaro, Chief Financial Officer for the Company, certify, pursuant to 18
U.S.C. §1350, as adopted pursuant to §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 result of operations of the
      Company.




Date:
November 16, 2009





/s/ Gary CampanaroGary
      CampanaroChief
      Financial OfficerEPL
      Intermediate, Inc.





This
certification is made solely for the purpose of 18 U.S.C. Section 1350, and not
for any other purpose. A signed original of this written statement required by
Section 906 has been provided to EPL Intermediate, Inc. and will be retained by
EPL Intermediate, Inc. and furnished to the Securities and Exchange Commission
or its staff upon request.
50488.

#### WILLIAMSON v. THE STATE.

Deen, Presiding Judge.

Criminal trespass under Code Ann. § 26-1503 (b) (1) involves an entry upon the "land or premises” of another "for an unlawful purpose.” Burglary under Code Ann. § 26-1601 involves an entry into a dwelling house or other building "with the intent to commit a felony or theft.” Burglary is a felony; criminal trespass is a misdemeanor. Burglary might be called a house crime; that is, it involves the criminal necessarily placing himself within some building or other structure named in the statute. Criminal trespass is in contrast a location crime and its purpose is to keep the defendant off the property of others. As pointed out in *Deich v. Reeves,*203 Ga. 596, 599 (48 SE2d 373) the term "premises” has varying meanings, but it is inclusive enough generally to mean land and the buildings thereon. Further, an intent to commit a felony or theft is always an unlawful purpose. Unlawful entry onto school property may constitute criminal trespass. *E. P. v. State of Ga.,*130 Ga. App. 512 (2) (203 SE2d 757). Such entry for the purpose of stealing is comprehended within Code Ann. § 26-1503 (b)(1) in that it is an entry on premises without authorization for an unlawful purpose. Where the intent to steal is proved the crime then merges with or is included within Code Ann. § 26-1601. Code Ann. § 26-505; *Roberts v. State,*228 Ga. 298 (185 SE2d 385).)

The state’s evidence showed that the defendant was apprehended with some school property in his hands, and other portables already gathered up in the hallway by the door. This amounts to asportation sufficient to establish the completed crime of larceny. *Johnson v. State,*9 Ga. App. 409 (71 SE 507); *Stanley v. State,*97 Ga. App. 828 (104 SE2d 591). However, the defendant swore that this testimony was untrue and claimed he and his companion had entered the building to escape from some pursuers. The jury is entitled to believe a part of the testimony of a witness and disbelieve other parts. It might have believed the defendant entered for an unlawful purpose other than commission of a felony or theft. It was therefore error to fail to charge on the lesser included crime of trespass.

*Judgment reversed.*

*Evans and Stolz, JJ., concur.*

*584Submitted April 9, 1975

Decided April 18, 1975.

*John T. Chason, K. Reid Berglund,*for appellant.

*Lewis R. Slaton, District Attorney, Robert A. Weathers, Carole E. Wall, Joseph J. Drolet, Assistant District Attorneys,*for appellee.
<TABLE> <S> <C>

<PAGE>
<ARTICLE> 5
<LEGEND>
This schedule contians summary financial information extracted from the
consolidated balance sheet as of August 31, 1999, and the consolidated statement
of income for the year ended August 31, 1999 and is qualified in its entirety by
by reference to such financial statements.
</LEGEND>
<MULTIPLIER> 1,000

<S>                             <C>
<PERIOD-TYPE>                   12-MOS
<FISCAL-YEAR-END>                          AUG-31-1999
<PERIOD-END>                               AUG-31-1999
<CASH>                                           2,615
<SECURITIES>                                         0
<RECEIVABLES>                                      428
<ALLOWANCES>                                         0
<INVENTORY>                                          0
<CURRENT-ASSETS>                                 3,033
<PP&E>                                          48,035
<DEPRECIATION>                                  13,417
<TOTAL-ASSETS>                                  37,931
<CURRENT-LIABILITIES>                              708
<BONDS>                                              0
<PREFERRED-MANDATORY>                                0
<PREFERRED>                                        134
<COMMON>                                            75
<OTHER-SE>                                      34,921
<TOTAL-LIABILITY-AND-EQUITY>                    37,931
<SALES>                                          7,525
<TOTAL-REVENUES>                                 7,597
<CGS>                                                0
<TOTAL-COSTS>                                    4,636
<OTHER-EXPENSES>                                     0
<LOSS-PROVISION>                                     0
<INTEREST-EXPENSE>                                  31
<INCOME-PRETAX>                                  2,930
<INCOME-TAX>                                         0
<INCOME-CONTINUING>                              2,930
<DISCONTINUED>                                       0
<EXTRAORDINARY>                                      0
<CHANGES>                                            0
<NET-INCOME>                                     2,930
<EPS-BASIC>                                        .38
<EPS-DILUTED>                                      .38


</TABLE>
TEXAS COURT OF APPEALS, THIRD DISTRICT, AT AUSTIN

NO. 03-22-00227-CR

Steven Duane Williams, Appellant

v.

The State of Texas, Appellee

FROM THE 426TH DISTRICT COURT OF BELL COUNTY

NO. 82662, THE HONORABLE STEVEN J. DUSKIE, JUDGE PRESIDING

M E M O R A N D U M O P I N I O N 

Appellant Steven Duane Williams filed a motion to dismiss this appeal by 

withdrawing his notice of appeal. We grant the motion and dismiss the appeal. See Tex. R. 

App. P. 42.2(a).

__________________________________________

Darlene Byrne, Chief Justice

Before Chief Justice Byrne, Justices Kelly and Smith

Dismissed on Appellant’s Motion

Filed: May 18, 2022

Do Not Publish
```

[Congressional Bills 106th Congress]
[From the U.S. Government Publishing Office]
[S. Con. Res. 52 Introduced in Senate (IS)]

106th CONGRESS
  1st Session
S. CON. RES. 52

  Expressing the sense of Congress in opposition to a ``bit tax'' on 
 Internet data proposed in the Human Development Report 1999 published 
              by the United Nations Development Programme.

_______________________________________________________________________

                   IN THE SENATE OF THE UNITED STATES

                             August 5, 1999

 Mr. Ashcroft submitted the following concurrent resolution; which was 
             referred to the Committee on Foreign Relations

_______________________________________________________________________

                         CONCURRENT RESOLUTION

 
  Expressing the sense of Congress in opposition to a ``bit tax'' on 
 Internet data proposed in the Human Development Report 1999 published 
              by the United Nations Development Programme.

Whereas the Internet has become a highly valued tool for millions of people in 
        the United States and promises to be an integral component of 
        international commerce communications;
Whereas the Internet has spurred entirely new industries dominated by the United 
        States and has become critical to the continued growth of our economy;
Whereas emerging telecommunications technologies promise to extend the benefits 
        of the Internet to a growing percentage of the world population;
Whereas the Internet should remain tax-free;
Whereas any global tax collected by the United Nations would present a threat to 
        the sovereignty of the United States and would violate the United States 
        Constitution;
Whereas Americans are by far the greatest users of the Internet and would thus 
        be disproportionately affected by any global Internet tax;
Whereas the most effective and just way to spread technology and wealth is 
        through the operation of a free market;
Whereas the rapidly increasing sophistication and decreasing cost of 
        telecommunications and computing products and services should not be 
        disturbed; and
Whereas the United Nations Development Programme's Human Development Report 1999 
        proposed that a so-called ``bit tax'' be levied on all data sent through 
        the Internet: Now, therefore, be it
    Resolved by the Senate (the House of Representatives concurring), 
That Congress urges the Administration to protect the sovereignty of 
the United States by aggressively opposing the global ``bit tax'' 
proposed in the Human Development Report 1999 published by the United 
Nations Development Programme.
                                 <all>
```
#### STATE ex rel. Edward DAVIS v. CRIMINAL DISTRICT COURT, PARISH OF ORLEANS.

No. 87-KH-0193.

Supreme Court of Louisiana.

April 23, 1987.

In re Davis, Edward; applying for remedial writs; Parish of Orleans, Criminal District Court, Div. “G”, No. 278-833.

Denied. Moot. The trial court has acted on relator’s application.
Exhibit 3.1
AMENDMENT
Effective October 26, 2010, Section 4 of Article III of the RM Restaurant Holding Corp. Bylaws is herebyamended to read in its entirety as follows:
“Section 4.      Vacancies. Vacancies and newly created directorships resulting from anyincrease in the authorized number of directors may be filled by the remaining Board of Directors,even if less than a quorum. Each director so elected shall hold office until the expiration of theterm of office of the director whose vacancy necessitated the election or until his or her successorshall be elected and qualified or until his or her earlier death, resignation or removal as providedherein.”
 
1
Grant of performance shares to R. Blair Reynolds



 Exhibit 10.23 
  
 GRANT OF PERFORMANCE SHARES 
  

RECITALS 
  

	A.	R. Blair Reynolds is currently Senior Vice President & General Counsel of AmericanWest Bancorporation (“AWBC”) and its wholly-owned subsidiary, AmericanWest Bank (the
“Bank”). 

  

	B.	Mr. Reynolds has performed well on behalf of AWBC and the Bank, and AWBC wishes to incent him to remain with AWBC and/or the Bank for the near future and reward him for his
continued good performance by granting him, in addition to his regular salary and such other compensation as may be granted him from time to time, performance shares in AWBC pursuant to the terms and conditions set forth herein.


  
 GRANT AGREEMENT 
  

	1.	Effective June 6, 2005, AWBC grants R. Blair Reynolds Five Thousand (5,000) shares of AWBC common stock (the “Performance Shares”) as a Performance Stock award under
AWBC’s 2001 Incentive Stock Plan. Ownership in such Performance Shares shall vest on January 25, 2010 (the “Vesting Date”) only in accordance with the following conditions: 

  

	 	(a)	Mr. Reynolds is continuously employed by AWBC and/or the Bank through January 24, 2010. 

  

	 	(b)	For each full calendar year between January 1, 2005 and January 1, 2010 for which AWBC has a Return on Average Assets of less than one percent (1.0%), twenty percent (20%) of the
Performance Shares that otherwise would have vested on the Vesting Date shall lapse and all of Mr. Reynolds’s rights thereto shall thereupon cease. 

  

	 	(c)	Except as otherwise provided in Section 2, no rights in any of such Performance Shares, earned or unearned, shall vest in Mr. Reynolds or in anyone claiming by or under him until
January 25, 2010, at which time all right, title and interest in and to all Performance Shares earned pursuant to the conditions set forth in this Grant shall vest in Mr. Reynolds. 

  

	 	(d)	Notwithstanding any other provision of this Section 1, and except as otherwise provided in Section 2, all of Mr. Reynolds’s rights to vesting in the Performance Shares shall
cease upon the termination of his service for any reason as an employee from both AWBC and the Bank prior to the Vesting Date. 

  

	2.	If Mr. Reynolds terminates his employment for Good Reason or is terminated without Cause (as “Good Reason” and “Cause” are defined in that certain Employment
Agreement between Mr. Reynolds, AWBC and the Bank dated as of June 6, 2005, there will be an immediate acceleration of vesting of all Performance Shares granted hereunder. 

  

	3.	This Grant supersedes and replaces any grant of Performance Shares which may have been made on or after January 1, 2005 to the date hereof, which prior grant, if any, is hereby null
and void. 

  
 Agreed to as of June
6, 2005: 
  

					
			
	 /s/ Robert M. Daugherty
	 	 	 	 /s/ R. Blair Reynolds

	 Robert M. Daugherty, President & CEO
	 	 	 	 R. Blair Reynolds

	 AmericanWest Bancorporation
<PAGE>

                                                                    Exhibit 23.1

                   CONSENT OF INDEPENDENT PUBLIC ACCOUNTANTS


  As independent public accountants, we hereby consent to the incorporation by
reference into the Company's previously filed Form S-3 and S-8 Registration
Statements, File Nos. 333-63173 and 333-430, respectively, of our report dated
August 24, 1999, except with respect to the matter discussed in Note 8, as to
which the date is September 17, 1999, included in this Form 10-K for the year
ended June 30, 1999 and to all references to our firm included in these
registration statements.


                                        ARTHUR ANDERSEN LLP



Dallas, Texas
September 24, 1999
III

106TH CONGRESS

1ST SESSION S. CON. RES. 62

Recognizing and honoring the heroic efforts of the Air National Guard’s

109th Airlift Wing and its rescue of Dr. Jerri Nielsen from the South

Pole.

IN THE SENATE OF THE UNITED STATES

OCTOBER 27, 1999

Mr. SCHUMER (for himself and Mr. MOYNIHAN) submitted the following

concurrent resolution; which was referred to the Committee on Armed Services

CONCURRENT RESOLUTION

Recognizing and honoring the heroic efforts of the Air National Guard’s 109th Airlift Wing and its rescue of Dr.

Jerri Nielsen from the South Pole.

Whereas the 109th Airlift Wing of the Air National Guard

is based at Stratton Air National Guard Base in Glenville, New York;

Whereas the 109th was called upon by the United States

Antarctic Program to undertake a medical evacuation

mission to the South Pole to rescue Dr. Jerri Nielsen, a

physician who diagnosed herself with breast cancer;

Whereas the 109th is the only unit in the world trained and

equipped to attempt such a mission;

Whereas the 10 crew members were pilot Maj. George R.

McAllister Jr., senior mission commander Col. Marion G.
2

•SCON 62 IS

Pritchard, co-pilot Maj. David Koltermann, navigator Lt.

Col. Bryan M. Fennessy, engineer Ch. M. Sgt. Michael

T. Cristiano, loadmasters Sr. M. Sgt. Kurt A. Garrison

and T. Sgt. David M. Vesper, flight nurse Maj. Kimberly

Terpening, and medical technicians Ch. M. Sgt. Michael

Casatelli and M. Sgt. Kelly McDowell;

Whereas the crew departed Stratton Air Base for McMurdo

Station in Antarctica via Christchurch, New Zealand, on

October 6, 1999;

Whereas on October 15, 1999, Aircraft No. 096 departed

McMurdo for the South Pole, where the temperature was

approximately –53 degrees Celsius;

Whereas Major McAllister piloted a 130,000 pound LC–130

Hercules cargo plane equipped with Teflon-coated skis to

a safe landing on an icy runway with visibility barely

above minimums established for safe operations;

Whereas less than 25 minutes later, following an emotional

goodbye and brief medical evaluation, Dr. Nielsen and

the crew headed back to McMurdo Station;

Whereas the mission lasted 9 days and covered 11,410 nautical miles; and

Whereas Major McAllister became the first person ever to

land on a polar ice cap at this time of year: Now, therefore, be it

1 Resolved by the Senate (the House of Representatives

2 concurring), That Congress recognizes and honors the

3 crew of the Air National Guard’s 109th Airlift Wing for
3

•SCON 62 IS

1 its heroic efforts in rescuing Dr. Jerri Nielsen from the

2 South Pole.

Æ
<TABLE> <S> <C>

<PAGE>

<ARTICLE> 5
<LEGEND>
THIS SCHEDULE CONTAINS SUMMARY FINANCIAL INFORMATION EXTRACTED FROM FORM 10-K
FOR THE YEAR ENDED DECEMBER 31, 1999 AND IS QUALIFIED IN ITS ENTIRETY BY
REFERENCE TO SUCH FINANCIAL STATEMENTS.
</LEGEND>
<MULTIPLIER>                                     1,000

<S>                                             <C>
<PERIOD-TYPE>                                   12-MOS
<FISCAL-YEAR-END>                          DEC-31-1999
<PERIOD-START>                             JAN-01-1999
<PERIOD-END>                               DEC-31-1999
<CASH>                                          32,162
<SECURITIES>                                         0
<RECEIVABLES>                                   22,772
<ALLOWANCES>                                       995
<INVENTORY>                                        191
<CURRENT-ASSETS>                                57,652
<PP&E>                                          25,515
<DEPRECIATION>                                  14,595
<TOTAL-ASSETS>                                 122,130
<CURRENT-LIABILITIES>                           60,421
<BONDS>                                         98,500
<PREFERRED-MANDATORY>                                0
<PREFERRED>                                          0
<COMMON>                                            42
<OTHER-SE>                                    (49,270)
<TOTAL-LIABILITY-AND-EQUITY>                   122,130
<SALES>                                        107,709
<TOTAL-REVENUES>                               107,793
<CGS>                                           48,435
<TOTAL-COSTS>                                   48,435
<OTHER-EXPENSES>                                10,998
<LOSS-PROVISION>                                     0
<INTEREST-EXPENSE>                              10,792
<INCOME-PRETAX>                                  3,522
<INCOME-TAX>                                     2,944
<INCOME-CONTINUING>                              3,522
<DISCONTINUED>                                       0
<EXTRAORDINARY>                                      0
<CHANGES>                                            0
<NET-INCOME>                                     4,965
<EPS-BASIC>                                          0
<EPS-DILUTED>                                        0




</TABLE>
IN THE SUPREME COURT OF THE STATE OF mrifetb

PR 06-0544

IN RE PETITION OF CHRIS SEKIMOTO FOR

REINSTATEMENT TO ACTIVE STATUS IN

THE BAR OF MONTANA

MAR 1 0 2020

Bowen Greenwood

Clerk of Supreme Court

State of Montana

ORDER

Chris Sekimoto has petitioned this Court for reinstatement to active status in the

State Bar of Montana. Sekimoto was placed on inactive status in September 2016 for

noncompliance with CLE requirements. The Petition states that Sekimoto is not currently

subject to disciplinary proceedings, and has not been charged with a criminal offense,

accrued delinquent debt or filed for bankruptcy, failed to fulfill the obligations of a public

office, or committed any acts or omissions sanctionable under the Rules of Professional

Conduct while on suspended status. The Petition states that Sekimoto "is willing and able

to pay active dues, fees, and the state license tax to the State Bar of Montana and comply

with any continuing education requirements this Court may impose." Good cause

appearing,

IT IS HEREBY ORDERED that the petition of Chris Sekimoto for reinstatement to

active status in the State Bar of Montana is GRANTED. Petitioner shall pay all dues, fees,

and taxes owing to the State Bar. Within six (6) months of reinstatement, Petitioner shall

submit to the Board of Continuing Legal Education, P.O. Box 577, Helena, MT 59624,

proof of attendance at thirty (30) hours of approved Continuing Legal Education to be

credited to the time Petitioner was on inactive status.

The Clerk is directed to provide copies of this order to the Petitioner and the State

Bar of Montana.

`11

DATED this )1t) day of March, 2020.

Chief ustice

03/10/2020

Case Number: PR 06-0544
•••

2
#### Harry J. “Soup” KEMBER, Jr. v. LOUISIANA HOUSE OF REPRESENTATIVES.

No. 86-CA-2467.

Supreme Court of Louisiana.

Jan. 23, 1987.

In re: La. House of Representatives, John A. Alario, Jr., Speaker, applying for *Reconsideration of*Order of Dismissal of Appeal dated January 9, 1987, to the 19th Judicial District Court, Parish of East Baton Rouge, No. 309,373.

Reconsideration denied.

CALOGERO, J.,

concurs, being of the view that the judgment of the district court declaring the statute unconstitutional has no force and effect, except as between the parties, because the appeal in this case has been dismissed simply because moot.

DENNIS, J.,

concurs believing that it is the intent and effect of the majority’s judgment that the trial court’s judgment has been rendered moot and of no legal effect by appellee’s resignation from the Legislature.
#### Michael L. BELL as Administrator of the Estate of His Son, Joseph Lee Bell and Sharon Faye Turner Bell v. The TRAVELERS INDEMNITY COMPANY, et al.

No. 87-C-0204.

Supreme Court of Louisiana.

Feb. 20, 1987.

In re Travelers Indemnity Co.; applying for writ of certiorari and/or review; to the Court of Appeal, First Circuit, No. CA-86-0647; Parish of Tangipahoa, 21st Judicial District Court, Div. “A”, No. 76784.

Prior report: La.App., 500 So.2d 828.

Denied.

DIXON, C.J., and LEMMON, J., would grant the writ.
EXHIBIT 21

 

LIST OF SUBSIDIARIES

** **
| **Subsidiary**                     |   | **Jurisdiction** |
|------------------------------------|--------|------------------|
|                               |   |             |
| Bamboo Club, Inc.                  |   | Arizona          |
| Bamboo Club of Texas, Inc.         |   | Texas            |
| Cornerstone Productions, Inc.      |   | Delaware         |
| Main St. / Cornerstone Texas, Inc. |   | Texas            |
| Main St. Midwest, Inc.             |   | Kansas           |
| Main St. California, Inc.          |   | Arizona          |
| Main St. El Paso, Inc.             |   | Arizona          |
| Redfish America, LLC               |   | Arizona          |
| Redfish Cleveland, Inc.            |   | Ohio             |

 

----