alea-institute/kl3m-data-sample-004-shuffled huggingface dataset:
David Alexander Clarke ROSEN, Appellant, v. STATE of Florida, Appellee.

Case No. 5D18-2974

District Court of Appeal of Florida, Fifth District.

Opinion filed May 31, 2019

James S. Purdy, Public Defender, and Kevin R. Holtz, Assistant Public Defender, Daytona Beach, for Appellant.

Ashley Moody, Attorney General, Tallahassee, and L. Charlene Matthews, Assistant Attorney General, Daytona Beach, for Appellee.

HARRIS, J.

David Alexander Clarke Rosen challenges his judgment and sentence for burglary of a dwelling with an assault or battery. We affirm in all respects except for the written judgment, which we remand for correction of a scrivener's error. The judgment and order of revocation cites to section 810.02(4), Florida Statutes (2018). That subsection covers burglary as a third-degree felony, wherein the perpetrator enters an unoccupied structure or conveyance, does not become armed, and does not commit any assault or battery. The crime underlying the community control and probation proceedings in the instant case is burglary as a first-degree felony punishable by life, because Rosen entered a dwelling and battered the occupant. Accordingly, we remand with directions that this scrivener's error be corrected so that the judgment accurately reflects section 810.02(2)(a) as the underlying offense. *Thomas v. State*, 174 So. 3d 599, 600 (Fla. 5th DCA 2015) (case remanded to correct judgment containing a scrivener's error).

AFFIRMED; remanded to correct scrivener's error

LAMBERT and EDWARDS, JJ., concur.
Michael James STERLACE, DOC #S28114, Appellant, v. STATE of Florida, Appellee.

Case No. 2D18-2182

District Court of Appeal of Florida, Second District.

Opinion filed March 29, 2019.

**DECISION WITHOUT PUBLISHED OPINION**

Affirmed.
**Exhibit 32.2**

 

**CERTIFICATION PURSUANT TO18 U.S.C. SECTION 1350, AS ADOPTED PURSUANT TOSECTION 906 OF THE SARBANES-OXLEY ACT OF 2002**

 

In connectionwith the Quarterly Report on Form 10-Q of The Wornick Company (the “Company”)for the thirteen weeks ended July 2, 2005 as filed with the Securities andExchange Commission on the date hereof (the “Report”), I, Brian A. Lutes, ChiefFinancial Officer of the Company, certify to my knowledge, pursuant to 18U.S.C. Section 1350, as adopted pursuant to Section 906 of TheSarbanes-Oxley Act of 2002, that:

 

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

 

2.                                       Theinformation contained in the Report fairly presents, in all material respects,the financial condition and results of operations of the Company.

 

 

Date:  August 16, 2005

 

 
|   | By:    | /s/ Brian A.  Lutes      |   |
|--------|--------|--------------------------|--------|
|   |   | Brian A.  Lutes          |
|   |   | Chief  Financial Officer |

 

 

A signed original of this written statement,or other document authenticating, acknowledging, or otherwise adopting thesignature that appears in typed form within the electronic version of thiswritten statement, has been provided to the Company and will be retained by theCompany and furnished to the Securities and Exchange Commission or its staff uponrequest.

 

----
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 Education Realty Trust, Inc. (the
“Company”) on Form 10-Q for the period ended March 31, 2010, as filed with the
Securities and Exchange Commission on the date hereof (the “Report”), I, Randy
Churchey, Chief Executive Officer of the Company, certify, in my capacity as an
officer of the Company, 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 results of operations of the
      Company.





Date: May
6, 2010





/s/
      Randy ChurcheyRandy
      ChurcheyChief
      Executive Officer





In
accordance with SEC Release No. 34-47986, this Exhibit is furnished to the
SEC as an accompanying document and is not deemed “filed” for purposes of
Section 18 of the Securities Exchange Act of 1934 or otherwise subject to
the liabilities of that Section, nor shall it be deemed incorporated by
reference into any filing under the Securities Act of 1933.
### FILED Aug. 9, 2016 In the Office ofthe ClerkofCourt WA State Court ofAppeals, Division Ill



### IN THE COURT OF APPEALS OF THE STATE OF WASHINGTON DIVISION THREE STATE OF WASHINGTON, Respondent, V. 

### MELISSALYNNKERNS, Appellant. ) ) ) ) ) ) ) ) ) ) 

### No. 33831-2-111

UNPUBLISHED OPINION

Pennell,

### J. -FollowingMelissa Kems's convictions for attempting to elude a police vehicle and hit andrun (injury accident), the sentencing court imposed legal financial obligations (LFOs) that included a mandatory $100 deoxyribonucleic acid (DNA) collection fee under RCW43.43.7541. We affirm. 

### FACTS Ajuryfound Ms. Kerns guilty as charged ofattemptingto elude a police vehicle and hit and run (injury accident). Hercriminal history included 10 prior felony convictions. The courtrejected herrequest for a prison-basedDrug Offender Sentencing 

# I I I I 

# l I I 

# I I I 

# i 

# I I ! 

# I
I I I 

# INo. 33831-2-III 

### State v. Kerns
Alternative (DOSA) sentence upon determining she was not a suitable candidate. The court imposed concurrent sentences of29 and 60 months respectively for the crimes. The court also imposed only mandatory LFOs, including a $500 victim assessment, a $200 criminal filing fee, and a $100 DNA collection fee. Ms. Kerns did not objectto imposition ofany ofthe LFOs and did notraise any constitutional claims regarding the DNA collection fee. 

### ANALYSIS Ms. Kerns contends the $100 DNA collection fee mandated by RCW 43.43.7541 violates substantive due process and equal protection. Identical arguments have been rejected by this courtpreviously. 

### State v. Lewis, No. 72637-4-I, 2016 WL 3570550 (Wash. Ct. App. June 27, 2016); 

### State v. Johnson, No. 32834-1-III, 2016 WL 3124893 (Wash. Ct. App. June 2, 2016); 

### State v. Mathers, 193 Wn. App. 913,
_ P.3d
_ (2016). We reject them here as well. 

### STATEMENT OF ADDITIONAL GROUNDS In her statement ofaddit.ional grounds for review, Ms. Kerns makes two claims that she was denied ineffective assistance ofcounsel: (1) counsel refusedto call witnesses and failed to present 911 records, hospital records orpossible photos ofrecent abuse/death threats-all ofwhich she contends would have corroborated her duress defense, and (2) counsel failed to use any past drug evaluations orrequest a new drug/mental health evaluation to supportherrequest for a DOSA sentence. 2No. 33831-2-III 

### State v. Kerns
To prevail on a claim ofineffective assistance ofcounsel, Ms. Kerns must establish both deficient performance and resulting prejudice. 

### Stricklandv. Washington, 466 U.S. 668, 687-88, 104 S. Ct. 2052, 80 L. Ed. 2d 674 (1984); 

### State v. McFarland, 127 Wn.2d 322, 334-35, 899 P.2d 1251 (1995). Buther complaints relate to materials outside the trial court record. Ms. Kerns's avenue for bringing claims based on evidence outside the record is through a personal restraint petition, not an appeal. 

### McFarland, 127 Wn.2d at 335. Affirmed. A majority ofthe panel has determined this opinion will notbe printed in the Washington Appellate Reports, but it will be filed for public record pursuantto RCW 2.06.040.
Pennell, J. WE CONCUR:


## j

3
DEUTSCHE BANK NATIONAL TRUST COMPANY, AS TRUSTEE, FOR BCAP TRUST LLC 2007-AA2 MORTGAGE PASS-THROUGH CERTIFICATES SERIES 2007-AA2, Appellant, v. SUNSET SQUARE CONDOMINIUM ASSOCIATION, INC., et al., Appellee.

No. 4D18-3054

District Court of Appeal of Florida, Fourth District.

May 29, 2019

Nancy M. Wallace of Akerman LLP, Tallahassee, and William P. Heller of Akerman LLP, Fort Lauderdale, for appellant.

Jerome L. Tepps of Jerome L. Tepps, P.A., Sunrise, for appellee.

****On Confession of Error****

Per Curiam.

The bank appeals from an involuntary dismissal of its foreclosure action after trial. The property owner has confessed error in the trial court's dismissal. We therefore reverse and remand the case for entry of a final judgment of foreclosure.

*Reversed and Remanded.*

Gerber, C.J., Taylor and May, JJ., concur.
Patricia WILLIAMS, Appellant, v. STATE of Florida, Appellee.

No. 4D18-1901

District Court of Appeal of Florida, Fourth District.

[April 18, 2019]

**DECISION WITHOUT PUBLISHED OPINION**

Affirmed.
Exhibit 32.1

Certification Pursuant to

Section 906 of the Sarbanes-Oxley Act of
2002

(Subsections (a) and (b) of Section 1350, Chapter 63 of Title 18, United States Code)

Pursuant to section 906 of the Sarbanes-Oxley Act of 2002 (Subsections (a) and (b) of
Section 1350, Chapter 63 of Title 18, United States Code), I, S.P. Johnson IV, President and Chief Executive Officer of Carrizo Oil & Gas, Inc., a Texas corporation (the Company), hereby certify, to my knowledge, that:

(1) the Companys Annual Report on Form 10-K for the year ended December 31, 2011 (the
Report) fully complies with the requirements of Section 13(a) or 15(d) of the Securities Exchange Act of 1934; and

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



|                         |  |                                       |  | 
|------------------------ |  | ------------------------------------- |  | 
|Dated: February 29, 2012 |  | /s/ S.P. Johnson IV                  
|                         |  | S.P. Johnson IV                      
|                         |  | President and Chief Executive Officer

The foregoing certification is being furnished solely pursuant to Section 906 of the Sarbanes-Oxley
Act of 2002 (Subsections (a) and (b) of Section 1350, Chapter 63 of Title 18, United States Code) and is not being filed as part of the Report or as a separate disclosure document.

A signed original of this written statement required by Section 906 has been provided to Carrizo Oil & Gas, Inc. and will
be retained by Carrizo Oil & Gas, Inc. and furnished to the Securities and Exchange Commission or its staff upon request.
Niyke Deangelo ECHAVARRIA, Appellant, v. STATE of Florida, Appellee.

Case No. 2D18-1951

District Court of Appeal of Florida, Second District.

Opinion filed May 3, 2019

Howard L. Dimmig, II, Public Defender, and Timothy J. Ferreri, Assistant Public Defender, Bartow, for Appellant.

Ashley Moody, Attorney General, Tallahassee, for Appellee.

LaROSE, Chief Judge.

Appellant's counsel filed a brief pursuant to *Anders v. California*, 386 U.S. 738, 87 S.Ct. 1396, 18 L.Ed.2d 493 (1967). We have jurisdiction. *See* Fla. R. App. P. 9.030(b)(1)(A). We affirm Niyke Deangelo Echavarria's judgment and sentences; we remand for correction of obvious scrivener's errors in the written sentences.

Mr. Echavarria pleaded no contest to possession of cocaine within 1000 feet of a school with intent to sell and sale of cocaine within 1000 feet of a school. *See* § 893.13(1)(c)(1), Fla. Stat. (2015). The trial court sentenced him to concurrent terms of 98.25 months in prison, with a three-year mandatory-minimum prison term, for both offenses. The trial court also orally imposed various fines and costs, including a $ 300 fine pursuant to section 775.083, Florida Statutes (2018), for both offenses.

*528However, the written sentences reflect a $ 300 fine pursuant to section 773.083, Florida Statutes; a nonexistent statute.

Although we affirm, we remand for the trial court to correct the scrivener's errors. *See* *Rivera v. State*, 117 So.3d 449-50 (Fla. 2d DCA 2013) (remanding for correction of the written sentences to reflect the oral pronouncement in an *Anders* appeal); *Skinner v. State*, 155 So.3d 497, 497 (Fla. 5th DCA 2015) (remanding for correction of scrivener's error in the order on fines and costs in an *Anders* appeal). Mr. Echavarria need not be present for the correction of the scrivener's errors. *See* *Rodriguez v. State*, 223 So.3d 1053, 1055 (Fla. 2d DCA 2017).

Affirmed; remanded to correct scrivener's errors.

VILLANTI and ATKINSON, JJ., Concur.
EX PARTE W.R.G.

1170114 (CR-16-0461)

Supreme Court of Alabama.

December 8, 2017

**DECISION WITHOUT PUBLISHED OPINION**

Cert. denied.
Document Headings

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###### Postal Service

# AGENCY:

                        Postal ServiceTM.                    

# ACTION:

Notice.

# SUMMARY:

The Postal Service gives notice of filing a request with the Postal Regulatory Commission to add a domestic shipping services contract to the list of Negotiated Service Agreements in the Mail Classification Schedule's Competitive Products List.

# DATES:

*Date of required notice:*                         January 30, 2025.                    

# FOR FURTHER INFORMATION CONTACT:

Sean Robinson, 202-268-8405.

# SUPPLEMENTARY INFORMATION:

                    The United States Postal Service® hereby gives notice that, pursuant to 39 U.S.C. 3642 and 3632(b)(3), on January 22, 2025, it filed with the Postal Regulatory Commission a                     *USPS Request to Add Priority Mail & USPS Ground Advantage® Contract 600 to Competitive Product List.*                     Documents are available at                     *www.prc.gov,*                     Docket Nos. MC2025-1150, K2025-1150.                

Sean Robinson,

Attorney, Corporate and Postal Business Law.

[FR Doc. 2025-01916 Filed 1-29-25; 8:45 am]

BILLING CODE 7710-12-P
EX PARTE Raymond Dennis EARL

1170116 (CR-16-0856)

Supreme Court of Alabama.

December 8, 2017

**DECISION WITHOUT PUBLISHED OPINION**

Cert. denied.
Exhibit 32.2

Certification of Chief Financial Officer 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 Avantair, Inc., a Delaware corporation (the Company), on Form 10-Q for the quarterly period ended March 31,
2007 as filed with the Securities and Exchange Commission on the date hereof (the Report), I, John Waters, 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, to 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.

Date: May 15, 2007



|                |  |                        
|--------------- |  | -----------------------
|/s/ John Waters
|Name:           |  | John Waters            
|Title:          |  | Chief Financial Officer
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III 

117TH CONGRESS 

1ST SESSION S. RES. 16 

To provide for related procedures concerning the article of impeachment 

against Donald John Trump, President of the United States. 

IN THE SENATE OF THE UNITED STATES 

JANUARY 26, 2021 

Mr. SCHUMER submitted the following resolution; which was considered and 

agreed to 

RESOLUTION 

To provide for related procedures concerning the article of 

impeachment against Donald John Trump, President of 

the United States. 

1 Resolved, That— 

2 (1) pursuant to rules III and IV of the Rules 

3 and Procedures and Practice When sitting on Im4 peachment Trials, on Tuesday, February 9, 2021, 

5 the Senate shall proceed to the consideration of the 

6 article of impeachment and that the Secretary of the 

7 Senate shall notify the House of Representatives of 

8 the time and place fixed for the Senate to proceed 

9 upon the impeachment of Donald John Trump in 

10 the Senate Chamber; 


pamtmann on DSKBC07HB2PROD with BILLS
2 

•SRES 16 ATS 

1 (2) under rule VIII of the Procedure and 

2 Guidelines for Impeachment Trials in the United 

3 States Senate— 

4 (A) the summons shall be issued in the 

5 usual form to Donald John Trump, provided 

6 that he may have until 12:00 pm on Tuesday, 

7 February 2, 2021, to file his answer with the 

8 Secretary of the Senate; 

9 (B) the House of Representatives may 

10 have until 12:00 pm on Monday, February 8, 

11 2021, to file its replication with the Secretary 

12 of the Senate; 

13 (C) if the House of Representatives wishes 

14 to file a trial brief, it shall be filed by 10:00 am 

15 on Tuesday, February 2, 2021; 

16 (D) if Donald John Trump wishes to file 

17 a trial brief, it shall be filed by 10:00 am on 

18 Monday, February 8, 2021; and 

19 (E) the House of Representatives may file 

20 a rebuttal brief no later than 10:00 am on 

21 Tuesday, February 9, 2021; 

22 (3) the Senate directs the parties, in addition to 

23 addressing the charge of incitement of insurrection 

24 in the Article of Impeachment approved by the 

25 House on January 13, 2021, to address in their trial 


pamtmann on DSKBC07HB2PROD with BILLS
3 

•SRES 16 ATS 

1 briefs whether Donald John Trump is subject to the 

2 jurisdiction of a court of impeachment for acts com3 mitted as President of the United States, notwith4 standing the expiration of his term in said office; 

5 and 

6 (4) the Senate directs the parties to be pre7 pared to address at the commencement of the trial 

8 on February 9, 2021, whether Donald John Trump 

9 is subject to the jurisdiction of a court of impeach10 ment for acts committed as President of the United 

11 States, notwithstanding the expiration of his term in 

12 said office. 

Æ 


pamtmann on DSKBC07HB2PROD with BILLS
IN THE UNITED STATES DISTRICT COURT

FOR THE NORTHERN DISTRICT OF TEXAS

DALLAS DIVISION

STEVEN W. QUICK, #1243617, )

Plaintiff, )

)

v. ) 3:05-CV-1619-P

)

DON ANDERSON, et al., )

Defendants. )

ORDER

After making the independent review required by 28 U.S.C. § 636(b), the Court finds that

the Findings, Conclusions and Recommendation of the Magistrate Judge are correct, and they

are adopted as the findings and conclusions of the Court.

IT IS, THEREFORE, ORDERED that the Findings, Conclusions and Recommendation

of the Magistrate Judge are ADOPTED.

Signed this 21 day of November 2005. st

_________________________________

JORGE A. SOLIS

UNITED STATES DISTRICT JUDGE

 

 Case 3:05-cv-01619-P Document 6 Filed 11/21/05 Page 1 of 1 PageID 25
William STIRNKORB, AS TRUSTEE FOR the STIRNKORB REVOCABLE TRUST DATED 08/26/14, Appellant/Petitioner(s), v. FAMILY SECURITY INSURANCE COMPANY, Appellee/Respondent(s).

CASE NO.: 2D19-1582

District Court of Appeal of Florida, Second District.

May 31, 2019

**DECISION WITHOUT PUBLISHED OPINION**

Dismissed.