alea-institute/kl3m-data-sample-004-shuffled huggingface dataset:
#### Larry TAYLOR, Appellant, v. STATE of Alaska, Appellee.

No. 3642.

Supreme Court of Alaska.

Sept. 8, 1978.

Eric T. Sanders, Asst. Public Defender, Brian C. Shortell, Public Defender, Anchorage, for appellant.

No appearance for appellee.

*852OPINION

Before BOOCHEVER, C. J., and RABI-NOWITZ, CONNOR, BURKE and MATTHEWS, JJ.

PER CURIAM.

Appellant asserts that the superior court failed to credit him for time served in custody prior to sentencing in violation of AS 11.05.040(a).1

A review of the record and of the judgment of the superior court convinces us that this appeal is now moot and that no issue is presented which is “of grave public concern and is recurrent but is capable of evading review.” *Doe v. State,*487 P.2d 47, 53 (Alaska 1971).

AFFIRMED.

1

. AS 11.05.040(a) states:

> “When a person is sentenced to imprisonment, his term of confinement begins from the day of his sentence. A person who is sentenced shall receive credit toward service of his sentence for time spent in custody pending trial or sentencing, or appeal, if that detention was in connection with the offense for which sentence was imposed. The time during which the person is voluntarily absent from the penitentiary, reformatory, jail, or from the custody of an officer after his sentence, shall not be estimated or counted as a part of the term for which he was sentenced.”
SUPREME COURT OF THE STATE OF NEW YORK

Appellate Division, Fourth Judicial Department

289 

KA 12-00707 

PRESENT: SCUDDER, P.J., CENTRA, FAHEY, PERADOTTO, AND WHALEN, JJ. 

 

THE PEOPLE OF THE STATE OF NEW YORK, RESPONDENT, 

V MEMORANDUM AND ORDER

LAMAR DAVIS, DEFENDANT-APPELLANT. 

 

THE LEGAL AID BUREAU OF BUFFALO, INC., BUFFALO (ROBERT B. HALLBORG,

JR., OF COUNSEL), FOR DEFENDANT-APPELLANT. 

FRANK A. SEDITA, III, DISTRICT ATTORNEY, BUFFALO (ASHLEY R. SMALL OF

COUNSEL), FOR RESPONDENT. 

 

Appeal from a judgment of the Erie County Court (Michael L.

D’Amico, J.), rendered July 10, 2008. The judgment convicted

defendant, upon his plea of guilty, of robbery in the first degree. 

It is hereby ORDERED that the judgment so appealed from is

unanimously modified on the law by vacating the sentence and as

modified the judgment is affirmed, and the matter is remitted to Erie

County Court for resentencing. 

Memorandum: On appeal from a judgment convicting him upon his

plea of guilty of robbery in the first degree (Penal Law § 160.15

[4]), defendant contends that County Court failed to apprehend the

extent of its sentencing discretion. We agree. Contrary to the

People’s contention, defendant’s contention survives his waiver of the

right to appeal and does not require preservation (see People v

Dunham, 83 AD3d 1423, 1424-1425, lv denied 17 NY3d 794). The court

informed defendant during the plea proceeding that the minimum

sentence it could impose was 5 years of incarceration and 5 years of

postrelease supervision, when in fact the court had the authority to

impose a period of postrelease supervision of between 21⁄2 years and 5

years (see § 70.45 [2] [f]). “The failure of the court to apprehend

the extent of its discretion deprived defendant of the right to be

sentenced as provided by law” (People v Hager, 213 AD2d 1008, 1008;

see People v Slattery, 81 AD3d 1415, 1416). We therefore modify the

judgment by vacating the sentence, and we remit the matter to County

Court for resentencing.

Entered: March 21, 2014 Frances E. Cafarell

Clerk of the Court
# C_2012326EN.01033701.xml

| 26.10.2012 | EN | Official Journal of the European Union | C 326/1 |
| --- | --- | --- | --- |

26.10.2012

EN

Official Journal of the European Union

C 326/1

---

DECLARATIONS

DECLARATIONS

ANNEXED TO THE FINAL ACT OF THE INTERGOVERNMENTAL CONFERENCE WHICH ADOPTED THE TREATY OF LISBON,

ANNEXED TO THE FINAL ACT OF THE INTERGOVERNMENTAL CONFERENCE WHICH ADOPTED THE TREATY OF LISBON

signed on 13 December 2007

C.   DECLARATIONS BY MEMBER STATES

DECLARATIONS BY MEMBER STATES

52.   Declaration by the Kingdom of Belgium, the Republic of Bulgaria, the Federal Republic of Germany, the Hellenic Republic, the Kingdom of Spain, the Italian Republic, the Republic of Cyprus, the Republic of Lithuania, the Grand-Duchy of Luxembourg, the Republic of Hungary, the Republic of Malta, the Republic of Austria, the Portuguese Republic, Romania, the Republic of Slovenia and the Slovak Republic on the symbols of the European Union

Declaration by the Kingdom of Belgium, the Republic of Bulgaria, the Federal Republic of Germany, the Hellenic Republic, the Kingdom of Spain, the Italian Republic, the Republic of Cyprus, the Republic of Lithuania, the Grand-Duchy of Luxembourg, the Republic of Hungary, the Republic of Malta, the Republic of Austria, the Portuguese Republic, Romania, the Republic of Slovenia and the Slovak Republic on the symbols of the European Union

Belgium, Bulgaria, Germany, Greece, Spain, Italy, Cyprus, Lithuania, Luxemburg, Hungary, Malta, Austria, Portugal, Romania, Slovenia and the Slovak Republic declare that the flag with a circle of twelve golden stars on a blue background, the anthem based on the ‘Ode to Joy’ from the Ninth Symphony by Ludwig van Beethoven, the motto ‘United in diversity’, the euro as the currency of the European Union and Europe Day on 9 May will for them continue as symbols to express the sense of community of the people in the European Union and their allegiance to it.

---
1

Filed 4/20/15 P. v. Anderson CA3

NOT TO BE PUBLISHED

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

THIRD APPELLATE DISTRICT

(Butte)

----

THE PEOPLE,

Plaintiff and Respondent,

v.

BENJEMIN JOSEPH ANDERSON,

Defendant and Appellant.

C076626

(Super. Ct. No. CM038669)

Appointed counsel for defendant Benjemin Joseph Anderson asked this court 

to review the record and determine whether there are any arguable issues on appeal. 

(People v. Wende (1979) 25 Cal.3d 436 (Wende).) Finding no arguable error that would 

result in a disposition more favorable to defendant, we will affirm the judgment.

I

Following a traffic stop, a search of defendant’s car on February 18, 2013, resulted 

in the discovery of five methadone tablets, a jar containing 17.25 grams of marijuana, a 

jar containing 5.34 grams of marijuana, a baggie containing 30.56 grams of marijuana, 

$2,915 in currency, and a cell phone containing numerous text messages related to drug 

sales. 
2

Defendant pleaded no contest to possession of methadone. (Health & Saf. Code, 

§ 11350.) The trial court placed defendant on three years of Proposition 36 probation. 

Defendant subsequently admitted violating probation by moving without notifying his 

probation officer and failing to appear three times for drug testing. 

The trial court terminated probation and sentenced defendant to two years in 

county jail. The trial court awarded 240 days of presentence credit (120 actual days 

and 120 conduct days) and imposed various fines and fees. Defendant did not obtain 

a certificate of probable cause. 

II

Appointed counsel filed an opening brief setting forth the facts of the case and 

asking this court to review the record and determine whether there are any arguable 

issues on appeal. (Wende, supra, 25 Cal.3d 436.) Defendant was advised by counsel of 

the right to file a supplemental brief within 30 days of the date of filing the opening brief. 

More than 30 days elapsed and we received no communication from defendant.

Having undertaken an examination of the entire record, we find no arguable error 

that would result in a disposition more favorable to defendant.

DISPOSITION

The judgment is affirmed.

 MAURO , Acting P. J.

We concur:

 DUARTE , J.

 HOCH , J.
# C_2012326EN.01033701.xml

| 26.10.2012 | EN | Official Journal of the European Union | C 326/1 |
| --- | --- | --- | --- |

26.10.2012

EN

Official Journal of the European Union

C 326/1

---

DECLARATIONS

DECLARATIONS

ANNEXED TO THE FINAL ACT OF THE INTERGOVERNMENTAL CONFERENCE WHICH ADOPTED THE TREATY OF LISBON,

ANNEXED TO THE FINAL ACT OF THE INTERGOVERNMENTAL CONFERENCE WHICH ADOPTED THE TREATY OF LISBON

signed on 13 December 2007

C.   DECLARATIONS BY MEMBER STATES

DECLARATIONS BY MEMBER STATES

62.   Declaration by the Republic of Poland concerning the Protocol on the application of the Charter of Fundamental Rights of the European Union in relation to Poland and the United Kingdom

Declaration by the Republic of Poland concerning the Protocol on the application of the Charter of Fundamental Rights of the European Union in relation to Poland and the United Kingdom

Poland declares that, having regard to the tradition of social movement of ‘Solidarity’ and its significant contribution to the struggle for social and labour rights, it fully respects social and labour rights, as established by European Union law, and in particular those reaffirmed in Title IV of the Charter of Fundamental Rights of the European Union.

---
<PAGE>

                                                                Exhibit 4(i)

AMENDMENT TO BYLAWS
ADOPTED BY THE BOARD OF DIRECTORS ON JULY 2, 1984
-------------------------------------------------


Amendment of Bylaws
-------------------

WHEREAS, the Bylaws of the Corporation provide for a board of directors of
five persons; and

WHEREAS, the terms for two directors expire in 1984; and

WHEREAS, the directors consider it in the best interest of the Corporation
to nominate only one candidate for election as a director at the 1984 annual
meeting of shareholders and, simultaneously with such meeting, to reduce the
total authorized number of directors from five to four:

RESOLVED, that Article III, Section I of the Bylaws be, and hereby is,
amended to read as follows in its entirety, effective August 6, 1984:

     Section 1. The number of directors which shall constitute the whole
     board shall be four (4). The directors shall be elected at the annual
     meeting of the shareholders, except as provided in Section 2 of this
     Article, and each director elected shall hold office until his
     successor is elected and qualified. Directors need not be shareholders.
```

[Congressional Bills 116th Congress]
[From the U.S. Government Publishing Office]
[H.R. 1449 Reported in Senate (RS)]

<DOC>

                                                       Calendar No. 124
116th CONGRESS
  1st Session
                                H. R. 1449

_______________________________________________________________________

                   IN THE SENATE OF THE UNITED STATES

                              May 1, 2019

Received; read twice and referred to the Committee on Homeland Security 
                        and Governmental Affairs

                             June 19, 2019

               Reported by Mr. Johnson, without amendment

_______________________________________________________________________

                                 AN ACT

 
 To designate the facility of the United States Postal Service located 
  at 3033 203rd Street in Olympia Fields, Illinois, as the ``Captain 
                    Robert L. Martin Post Office''.

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

SECTION 1. CAPTAIN ROBERT L. MARTIN POST OFFICE.

    (a) Designation.--The facility of the United States Postal Service 
located at 3033 203rd Street in Olympia Fields, Illinois, shall be 
known and designated as the ``Captain Robert L. Martin Post Office''.
    (b) References.--Any reference in a law, map, regulation, document, 
paper, or other record of the United States to the facility referred to 
in subsection (a) shall be deemed to be a reference to the ``Captain 
Robert L. Martin Post Office''.
                                                       Calendar No. 124

116th CONGRESS

  1st Session

                               H. R. 1449

_______________________________________________________________________

                                 AN ACT

 To designate the facility of the United States Postal Service located 
  at 3033 203rd Street in Olympia Fields, Illinois, as the ``Captain 
                    Robert L. Martin Post Office''.

_______________________________________________________________________

                             June 19, 2019

                       Reported without amendment
```
Exhibit 32.1

CHASE GENERAL CORPORATION

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 Chase General Corporation (the Company) on Form 10-K for the year ending June 30, 2009 as filed
with the Securities and Exchange Commission on the date hereof (the Report), I, Barry Yantis, President, Chief Executive Officer, and Treasurer 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 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.
| | -- | ----------------------------------------------------------------------------------------------------------------------------------------------------



|                   |  |  |  |                                                                        
|------------------ |  |  |  | -----------------------------------------------------------------------
|September 17, 2009 |  |  |  | /s/ Barry M. Yantis                                                    
|Date               |  |  |  | Barry M. Yantis                                                        
|                   |  |  |  | Chairman of the Board, Chief Executive Officer, President and Treasurer



49
<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

This Certification is intended to accompany the Quarterly Report of Finlay
Enterprises, Inc. (the "Company") on Form 10-Q for the period ended May 3, 2003
as filed with the Securities and Exchange Commission on the date hereof (the
"Report"), and is given solely for the purpose of satisfying the requirements of
18 U.S.C. Section 1350, as adopted pursuant to Section 906 of the Sarbanes-Oxley
Act of 2002. The undersigned hereby 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.




Date: June 13, 2003

                                             /s/ Bruce E. Zurlnick
                                             ----------------------------------
                                             Bruce E. Zurlnick
                                             Senior Vice President, Treasurer
                                             and Chief Financial Officer









A signed original of this written statement required by Section 906, has been
provided to Finlay Enterprises, Inc. and will be retained by Finlay Enterprises,
Inc. and furnished to the Securities and Exchange Commission or its staff upon
request.
Fourth Court of Appeals

San Antonio, Texas

MEMORANDUM OPINION

No. 04-14-00605-CV

IN RE Maria VALDIVIA (Estrada)

Original Mandamus Proceeding1

PER CURIAM

Sitting: Catherine Stone, Chief Justice

Karen Angelini, Justice

Marialyn Barnard, Justice

Delivered and Filed: November 19, 2014

PETITION FOR WRIT OF MANDAMUS DISMISSED AS MOOT

Relator filed this petition for writ of mandamus on August 26, 2014. This court granted a 

temporary stay and requested a response to the petition on August 27, 2014.

Relator filed a motion to dismiss this mandamus proceeding on November 6, 2014, 

advising the court that the matter in controversy had become moot due to the entry of a final order

in the underlying custody dispute. Accordingly, this original mandamus proceeding is dismissed 

as moot. The temporary stay previously ordered by this court is also lifted as moot.

PER CURIAM

1 This proceeding arises out of Cause No. 2005-CI-17414, styled In the Interest of A.V. and A.V., Children, pending 

in the 285th Judicial District Court, Bexar County, Texas, the Honorable David A. Canales presiding.
# C_2012326EN.01004701.xml

| 26.10.2012 | EN | Official Journal of the European Union | C 326/1 |
| --- | --- | --- | --- |

26.10.2012

EN

Official Journal of the European Union

C 326/1

---

CONSOLIDATED VERSION OF THE TREATY ON THE FUNCTIONING OF THE EUROPEAN UNION

CONSOLIDATED VERSION OF THE TREATY ON THE FUNCTIONING OF THE EUROPEAN UNION

PART THREE

UNION POLICIES AND INTERNAL ACTIONS

UNION POLICIES AND INTERNAL ACTIONS

TITLE IV

FREE MOVEMENT OF PERSONS, SERVICES AND CAPITAL

FREE MOVEMENT OF PERSONS, SERVICES AND CAPITAL

CHAPTER 3

SERVICES

Article 59

(ex Article 52 TEC)

(ex Article 52 TEC)

1.   In order to achieve the liberalisation of a specific service, the European Parliament and the Council, acting in accordance with the ordinary legislative procedure and after consulting the Economic and Social Committee, shall issue directives.

2.   As regards the directives referred to in paragraph 1, priority shall as a general rule be given to those services which directly affect production costs or the liberalisation of which helps to promote trade in goods.

---
# C_2016202EN.01007301.xml

| 7.6.2016 | EN | Official Journal of the European Union | C 202/73 |
| --- | --- | --- | --- |

7.6.2016

EN

Official Journal of the European Union

C 202/73

---

Article 67

(ex Article 61 TEC and ex Article 29 TEU)

(ex Article 61 TEC and ex Article 29 TEU)

1.   The Union shall constitute an area of freedom, security and justice with respect for fundamental rights and the different legal systems and traditions of the Member States.

2.   It shall ensure the absence of internal border controls for persons and shall frame a common policy on asylum, immigration and external border control, based on solidarity between Member States, which is fair towards third-country nationals. For the purpose of this Title, stateless persons shall be treated as third-country nationals.

3.   The Union shall endeavour to ensure a high level of security through measures to prevent and combat crime, racism and xenophobia, and through measures for coordination and cooperation between police and judicial authorities and other competent authorities, as well as through the mutual recognition of judgments in criminal matters and, if necessary, through the approximation of criminal laws.

4.   The Union shall facilitate access to justice, in particular through the principle of mutual recognition of judicial and extrajudicial decisions in civil matters.

---
```

[Congressional Bills 116th Congress]
[From the U.S. Government Publishing Office]
[H.R. 1365 Introduced in House (IH)]

<DOC>

116th CONGRESS
  1st Session
                                H. R. 1365

    To make technical corrections to the Guam World War II Loyalty 
                            Recognition Act.

_______________________________________________________________________

                    IN THE HOUSE OF REPRESENTATIVES

                           February 26, 2019

 Mr. San Nicolas introduced the following bill; which was referred to 
                   the Committee on Natural Resources

_______________________________________________________________________

                                 A BILL

 
    To make technical corrections to the Guam World War II Loyalty 
                            Recognition Act.

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

SECTION 1. TECHNICAL CORRECTIONS TO GUAM WORLD WAR II LOYALTY 
              RECOGNITION ACT.

    Title XVII of division A of Public Law 114-328 is amended--
            (1) in section 1703(e)--
                    (A) by striking ``equal to'' and inserting ``not to 
                exceed''; and
                    (B) by striking ``covered into the Treasury as 
                miscellaneous receipts'' and inserting ``used to 
                reimburse the applicable appropriations'';
            (2) in section 1704(a) by striking ``, subject to the 
        availability of appropriations,'' and inserting ``from the 
        Claims Fund''; and
            (3) by striking section 1707(a).
                                 <all>
```
**Exhibit
      32.2**





**CERTIFICATION
      PURSUANT TO 18 U.S.C. SECTION 1350**


**AS
      ADOPTED PURSUANT TO**


**SECTION
      906 OF THE SARBANES-OXLEY ACT OF 2002**





Pursuant
      to Section 906 of the Sarbanes-Oxley Act of 2002 (Section 1350 of Chapter 63
      of
      Title 18 of the United States Code), the undersigned officer of Finlay
      Enterprises, Inc., (the “Company”) does hereby certify with respect to the
      Quarterly Report of the Company on Form 10-Q for the period ended November
      3,
      2007 (the “Report”) that:





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




2.
            The
                information contained in the Report fairly presents, in all material
                respects, the financialcondition
                and results of operations of the
                Company.





Date:
      December 13, 2007




/s/
                Bruce E. Zurlnick
              
              Bruce
                E. Zurlnick
              Senior
                Vice President, Treasurer and Chief Financial
                Officer





The
      foregoing certification is being furnished solely pursuant to Section 906 of
      the
      Sarbanes-Oxley Act of 2002 (Section 1350 of Chapter 63 of Title 18 of the United
      States Code) and is not being filed as part of the Report or as a separate
      disclosure document.
#### The People of the State of New York, Respondent, v Charles Gaffin, Appellant.

—Appeal by the defendant from a judgment of the County Court, Westchester County (Marasco, J.), rendered March 22, 1985, convicting him of operating a motor vehicle while under the influence of alcohol in violation of Vehicle and Traffic Law § 1192 (2), upon his plea of guilty, and imposing sentence.

Ordered that the judgment is affirmed.

We have reviewed the record and agree with the defendant’s assigned counsel that there are no nonfrivolous issues which could be raised on appeal. Counsel’s application for leave to withdraw as counsel is granted *(see, Anders v California,*386 US 738; *People v Paige,*54 AD2d 631; *cf., People v Gonzalez,*47 NY2d 606). Bracken, J. P., Kooper, Lawrence, Balletta and O’Brien, JJ., concur.