alea-institute/kl3m-data-sample-004-shuffled huggingface dataset:
Tyzick Joseph WALL, Appellant, v. STATE of Florida, Appellee.

Case No. 5D16-3731

District Court of Appeal of Florida, Fifth District.

Opinion filed July 20, 2018

Edward Juan Lynum, of Lynum & Associates, PLLC, Wildwood, for Appellant.

Pamela Jo Bondi, Attorney General, Tallahassee, and Kellie A. Nielan, Assistant Attorney General, Daytona Beach, for Appellee.

PER CURIAM.

*1015Tyzick Joseph Wall appeals his convictions and sentences for second-degree murder with a deadly weapon, robbery with a deadly weapon, and two counts of dealing in stolen property.1 Wall was under the age of eighteen when he committed these crimes. We affirm his convictions without further discussion but remand for resentencing on Count One, second-degree murder. We also remand for the trial court to amend the sentence on Count Two, robbery with a deadly weapon.

As to Wall's sentence on Count One, we reverse because Wall was entitled to a jury fact-finding on whether he "actually killed, intended to kill, or attempted to kill" Stephen Gorney.2*See**Williams v. State*, 242 So.3d 280, 288-89 (Fla. 2018) (citing *Alleyne v. United States*, 570 U.S. 99, 115, 133 S.Ct. 2151, 186 L.Ed.2d 314 (2013) ). We find that this error was not harmless beyond a reasonable doubt. *See**id.* at 289-90. Because second-degree murder with a deadly weapon is a first-degree felony reclassified as a life felony under sections 775.087(1)(a) and 782.04(2), Florida Statutes (2015), Wall should have been sentenced under section 775.082(3)(b)2., Florida Statutes (2015). *Williams* specifies resentencing as though there had been a jury finding that Wall did not kill, intend to kill, or attempt to kill Gorney, rather than empanelment of a jury, as the remedy for this error. 242 So.3d at 292-93. We, therefore, remand for resentencing on Count One pursuant to section 775.082(3)(b)2.b. *See**Williams*, 242 So.3d at 288-93. The trial court shall indicate in the sentencing document that Wall is eligible for sentence review on this count after fifteen years under section 921.1402(2)(c), Florida Statutes (2015). § 775.082(3)(b)2.b., c., Fla. Stat. (2015).

We also remand for the trial court to amend the sentence on Count Two, robbery with a deadly weapon, to reflect eligibility for sentence review after twenty years under section 921.1402(2)(d), Florida Statutes (2015). § 775.083(3)(c), Fla. Stat. (2015). In all other respects, we affirm.

AFFIRMED, in part; REVERSED, in part; and REMANDED with instructions.

ORFINGER, BERGER and EISNAUGLE, JJ., concur.

1

Wall was indicted jointly with his codefendant, Bryan Thomas Robinson, for the premediated first-degree murder of Stephen Gorney (Count One), robbery with a deadly weapon (Count Two), and two counts of dealing in stolen property (Counts Three and Four).

2

We note that Wall's second-degree murder conviction did not clearly include a finding by the jury that Wall actually killed Gorney due to the wording in the verdict form and jury instructions.
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STATE of Louisiana v. Michelle BENJAMIN

NO. 2013-KD-0895

Supreme Court of Louisiana.

August 31, 2018

Denied. Moot.
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**Exhibit 12.1**
I, Terry G. Clarke, certify that:
1.   I have reviewed this annual report on Form 20-F of Converium Holding AG.
2.   Based on my knowledge, this report does not contain any untrue statement of a material fact oromit to state a material fact necessary to make the statements made, in light of the circumstancesunder which such statements were made, not misleading with respect to the period covered by thisreport;
3.   Based on my knowledge, the financial statements, and other financial information included inthis report, fairly present in all material respects the financial condition, results of operationsand cash flows of the company as of, and for, the periods presented in this report;
4.   The company’s other certifying officer(s) and I are responsible for establishing and maintainingdisclosure controls and procedures (as defined in Exchange Act Rules 13a-15(e) and 15d-15(e)) forthe company and have:
  a)   designed such disclosure controls and procedures, or caused such disclosure controls andprocedures to be designed under our supervision, to ensure that material information relatingto the company, including its consolidated subsidiaries, is made known to us by others withinthose entities, particularly during the period in which this report is being prepared;   b)   evaluated the effectiveness of the company’s disclosure controls and procedures andpresented in this report our conclusions about the effectiveness of the disclosure controls andprocedures, as of the end of the period covered by this report based on such evaluation; and   c)   disclosed in this report any change in the company’s internal control overfinancial reporting that occurred during the period covered by the annual report that hasmaterially affected, or is reasonably likely to materially affect, the company’s internalcontrol over financial reporting; and
5.   The company’s other certifying officer(s) and I have disclosed, based on our most recentevaluation of internal control over financial reporting, to the company’s auditors and the auditcommittee of the company’s board of directors (or persons performing the equivalent function):
  a)   all significant deficiencies and material weaknesses in the design or operation of internalcontrols over financial reporting which could adversely affect the company’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 asignificant role in the company’s internal controls over financial reporting.
BAPTIST HOSPITAL OF MIAMI, INC., Appellant(s)/Petitioner(s), v. Alexander G. CACHALDORA and Amanda Cachaldora, Appellee(s)/Respondent(s),

CASE NO.: 3D18-1172

District Court of Appeal of Florida, Third District.

JUNE 18, 2018

**DECISION WITHOUT PUBLISHED OPINION**

Denied.
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SOUTHERN FIDELITY PROPERTY & CASUALTY, INC., Appellant(s)/Petitioner(s), v. Aurelio FERRER and Maria Ferrer, Appellee(s)/Respondent(s),

CASE NO.: 3D17-1233

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AUGUST 14, 2018

**DECISION WITHOUT PUBLISHED OPINION**

Dismissed.
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Exhibit 99.3

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

In connection with the Annual Report on Form 10-K of Fidelity D&D Bancorp, Inc. (the "Company") for the year ended
March 31, 2003, as filed with the Securities and Exchange Commission (the "Report"), I, Robert P. Farrell, Principal Accounting Officer of the Company, certify, pursuant to 18 U.S.C.ss.1350, as added byss.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. To my knowledge, 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 period covered by the Report.

|Date: May 15, 2003 | By:/s/Robert P. Farrell     
|------------------ | ----------------------------
|                   | Robert P. Farrell           
|                   | Principal Accounting Officer
Russell JAMES, Appellant/Petitioner(s), v. Thomas M. KNIGHT, Sheriff of Sarasota County, Appellee/Respondent(s).

CASE NO.: 2D18-3211

District Court of Appeal of Florida, Second District.

August 24, 2018

**DECISION WITHOUT PUBLISHED OPINION**

Granted.
* Pursuant to 5 TH C IR . R. 47.5, the court has determined

that this opinion should not be published and is not precedent except under the limited circumstances set forth in 5 TH C IR . R. 47.5.4. United States Court of Appeals Fifth Circuit 

## FILED April 24, 2003 Charles R. Fulbruge III Clerk IN THE UNITED STATES COURT OF APPEALS

FOR THE FIFTH CIRCUIT

No. 02-41367 Conference Calendar

UNITED STATES OF AMERICA, Plaintiff-Appellee,

versus JACINTO SANCHEZ-PEREZ, Defendant-Appellant.

-------------------- Appeal from the United States District Court for the Southern District of Texas USDC No. C-02-CR-122-1

-------------------- Before DAVIS, BARKSDALE, and STEWART, Circuit Judges.
PER CURIAM: * Jacinto Sanchez-Perez appeals his guilty plea conviction for possession with intent to distribute cocaine. Sanchez-Perez argues that 21 U.S.C. §§ 841 (a) and (b) were rendered facially unconstitutional by Apprendi v. New Jersey , 530 U.S. 466, 490 (2000) . Sanchez-Perez concedes that his argument is foreclosed by our opinion in United States v. Slaughter , 238 F.3d 580, 581- 82 (5th Cir. 2000)(revised opinion), cert. denied , 532 U.S. 1045 (2001), which rejected a broad Apprendi -based attack on theNo. 02-41367 -2- constitutionality of that statute. He raises the issue only to preserve it for Supreme Court review. A panel of this court cannot overrule a prior panel’s decision in the absence of an intervening contrary or superseding decision by this court sitting en banc or by the United States Supreme Court. Burge v. Parish of St. Tammany , 187 F.3d 452, 466 (5th Cir. 1999). No such decision overruling Slaughter exists. Accordingly, SanchezPerez’s argument is foreclosed.
AFFIRMED.
# C_2020436EN.01000101.xml

| 17.12.2020 | EN | Official Journal of the European Union | C 436/1 |
| --- | --- | --- | --- |

17.12.2020

EN

Official Journal of the European Union

C 436/1

---

Non-opposition to a notified concentration

(Case M.10048 — Mazda Motor Corporation/Mazda Motor Manufacturing de Mexico)

(Text with EEA relevance)

(2020/C 436/01)

On 11 December 2020, the Commission decided not to oppose the above notified concentration and to declare it compatible with the internal market. This decision is based on Article 6(1)(b) of Council Regulation (EC) No 139/2004 (1). The full text of the decision is available only in English and will be made public after it is cleared of any business secrets it may contain. It will be available:

| — | in the merger section of the Competition website of the Commission (http://ec.europa.eu/competition/mergers/cases/). This website provides various facilities to help locate individual merger decisions, including company, case number, date and sectoral indexes, |
| --- | --- |

—

in the merger section of the Competition website of the Commission (http://ec.europa.eu/competition/mergers/cases/). This website provides various facilities to help locate individual merger decisions, including company, case number, date and sectoral indexes,

| — | in electronic form on the EUR-Lex website (http://eur-lex.europa.eu/homepage.html?locale=en) under document number 32020M10048. EUR-Lex is the on-line access to European law. |
| --- | --- |

—

in electronic form on the EUR-Lex website (http://eur-lex.europa.eu/homepage.html?locale=en) under document number 32020M10048. EUR-Lex is the on-line access to European law.

---

(1)  OJ L 24, 29.1.2004, p. 1.

---
<PAGE>

                                                                    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


John B. Carrington, Chief Executive Officer of Websense, Inc., hereby certifies
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 his knowledge:

1.   The Quarterly Report on Form 10-Q of Websense, Inc. for the quarterly
     period ended June 30, 2003 fully complies with the requirements of Section
     13(a) or 15(d) of the Securities Exchange Act of 1934, as amended.

2.   The information contained in the Quarterly Report on Form 10-Q of Websense,
     Inc. for the quarterly period ended June 30, 2003 fairly presents, in all
     material respects, the financial condition and results of operations of
     Websense, Inc.


Dated: August 13, 2003

                              By:   /s/ JOHN B. CARRINGTON
                                    ----------------------
                                    John B. Carrington
                                    Chief Executive Officer

* A signed original of this written statement required by Section 906 has been
provided to Websense, Inc. and will be retained by Websense, Inc. and furnished
to the Securities and Exchange Commission or its staff upon request. This
written statement accompanies the Form 10-Q to which it relates, is not deemed
filed with the Securities and Exchange Commission, and is not incorporated by
reference into any filing of the Company under the Securities Act of 1933 or the
Securities Exchange Act of 1934, irrespective of any general incorporation
language contained in such filing.
September 11, 2014 Gina McCarthy, Administrator Environmental Protec ti on Agency 1200 Pennsylvania Avenue, NW Wa s hington, DC 20460 

## SQCIAXIN ISLAND TRIBE

Re: EPA Promulgation of Water Quality Standards for Washington State D

ea r Ms McCarthy : I am writing you as Chairman of th e Squaxin Island Tribe and on be h alf of the me mb er s of my Trib e . I w a nt to strongly e ncourage the E nvironm ental Protection A

ge ncy to begin rule promul ga tion for Washington state water quality standards , including fish consumption r at es protective of Trib al fish eating people . This p rocess mu s t b eg in with a ll due h as te so that we can prote ct futur e generations of Tri b al m ember s from the contamin a nts curre ntly present in ou r treaty protected fish reso urc es . Th e S quaxin Island Trib e ha s been exceedingly patient a nd h as w o rked ex h au s tiv e l y w ith the State of Washington to try to accomplish the objective o f improv ed water quality s tandards. Unfortunate l y, it see ms that th e State is n ot up to the task of protec ting a ll its citizens . Th e y hav e rep ea te dly delayed efforts to update s tand a rds and h ave now suggested standards that will actua ll y increas e th e cancer ris k to Trib al me mbers. Sq u axi n conducted fish co ns umpti on s urv eys of its people ove r twenty years ago with the assistance of the EPA . We hav e attempted ever since to have thes e fish co n su mp ti on rate s r e fl ecte d in s tate wa ter qua lity s ta nd ards . It still h as n ot happ ene d a nd a n o ther gener a ti o n h as b ee n ex p osed to th e e levate d health risks of ea tin g contam inated fish.

SQUAX I N I SLAND TRI BE I 1 0 S
. E. S qu ax i n Lan e I She l ton , WA 98584 I Phone (360) 426 - 978 1 Fax (360) 426-6577 www . squaxin is l and . orgGina McCarthy, EPA Administrator September 11 , 2014 Pag e 2 of2 Please, we implore you, act now to promulgate protective water quality standards. Our people have been waiting long enough to receive equal pro tection of the law under the Clean Water Act.

C: Lisa Feldt, Acting Deputy Admini s trator Ken Kopocia, Acting A ssis tant Administrator for Office of Water
Exhibit 24.1
 POWER OF ATTORNEY
   /s/ Larry S. Cash

Larry S. Cash
    
    
    
    /s/ R. Marc Langland

R. Marc LanglandDirector
    
    
    
    Director/s/ Mark G. Copeland

Mark G. Copeland
    
    
    
    /s/ Richard L. Lowell

Richard L. LowellDirector
    
    
    
    Director/s/ Ronald A. Davis

Ronald A. Davis
    
    
    
    /s/ Irene Sparks Rowan

Irene Sparks RowanDirector
    
    
    
    Director/s/ Anthony Drabek

Anthony Drabek
    
    
    
    /s/ John C. Swalling

John C. SwallingDirector
    
    
    
    Director/s/ Christopher N. Knudson

Christopher N. Knudson
    
    
    
    /s/ David G. Wight

David G. WightDirector
    
    
    
    Director
STATE EX REL. Terry A. JONES v. STATE of Louisiana

No. 2017-KH-0362

Supreme Court of Louisiana.

August 3, 2018

**ON SUPERVISORY WRITS TO THE TWENTY-SECOND JUDICIAL DISTRICT COURT, PARISH OF ST. TAMMANY**

PER CURIAM:

Denied in part; granted in part. With respect to the portion of the application related to 22nd JDC No. 460533, relator's unconditional guilty plea knowingly and voluntarily waived all non-jurisdictional defects in the proceedings leading up to the guilty plea and precludes review of such defects either by appeal or post-conviction relief. *See**State v. McKinney* , 406 So.2d 160, 161 (La. 1981) ; *State v. Crosby* , 338 So.2d 584, 586 (La. 1976). Therefore, this portion of his application is denied.

With respect to the portion of the application seeking mandamus related to 22nd JDC No. 455616, relator's application is granted in part for the sole purpose of transferring the matter to the Court of Appeal, First Circuit, for filing and consideration.