alea-institute/kl3m-data-sample-004-shuffled huggingface dataset:
Filed 12/27/22 P. v. Mourning CA4/1

NOT TO BE PUBLISHED IN OFFICIAL REPORTS

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 This opinion has not been certified for publication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 or dered published for purposes of rule 8.1115.

COURT OF APPEAL, FOURTH APPELLATE DISTRICT

DIVISION ONE

STATE OF CALIFORNIA

THE PEOPLE,

Plaintiff and Respondent,

v.

JEFFEREY MOURNING,

Defendant and Appellant. D079849

(Super. Ct. No. S CD291199 )

APPEAL from a judgment of the Superior Court of San Diego County,

Robert J. Trentacosta, Judge. Affirmed.

Justin Behravesh, under appointment by the Court of Appeal, for

Defendant and Appellant.

No appearance for Plaintiff and Respondent.

This is the first of two separate criminal cases which were resolved by

guilty pleas in the trial court. They have not been consolidated on appeal;

accordingly, we will resolve each case separately.2

In San Diego Superior Court case No. SCD291199, Jeffery Mourning

pleaded guilty to felony vandalism (Pen. Code, 1 § 594, subd. (a)(b)(1)). The

parties stipulated that Mourning would be sentenced to the middle term of

two years, with the execution of sentence suspended with a grant of

probation.

Mourning was sentenced in accordance with the plea agreement.

Mourning’s probation was revoked when he pleaded guilty to felony

vandalism in San Diego Superior Court case No. SCD293812.

Mourning filed a timely notice of appeal.

App ellate counsel has filed a brief pursuant to People v. Wende (1979)

25 Cal.3d 436 ( Wende ) indicating counsel has not been able to identify any

arguable issues for reversal on appeal. Counsel asks this court to review the

record for error as mandated by Wende . We offered Mourning the

opportunity to file his own brief on appeal, but he has no t responded.

This conviction is from a guilty plea without an evidentiary hearing.

Thus, we will omit a statement of facts.

DISCUSSION

As we have noted, appellate counsel has filed a Wende brief and asks

the court to review the record for error. To ass ist the court in its review, and

in compliance with Anders v. California (1967) 386 U.S. 738 ( Anders ), counsel

has identified possible issues that were considered in evaluating the potential

merits of this appeal.

1. Whether there was a factual basis for the guilty plea.

2. Whether Mourning was properly advised of his rights before

pleading guilty.

1 All further statutory references are to the Penal Code.3

3. Whether Mourning’s admission to violating the terms of his

probation complied with the applicable standards.

4. Whether the sentence imposed was autho rized.

We have reviewed the entire record as required by Wende and Anders.

We have not discovered any arguable issues for reversal on appeal.

Competent counsel has represented Mourning on this appeal.

DISPOSITION

The judgment is affirmed.

HUFFMAN, Ac ting P. J.

WE CONCUR:

IRION, J.

BUCHANAN, J.
Document Headings

                    Document headings vary by document type but may contain                    the following:                  
                -                       the agency or agencies that issued and signed a document                    
                -                       the number of the CFR title and the number of each part                      the document amends, proposes to amend, or is directly                      related to                    
                -                       the agency docket number / agency internal file number                    
                -                       the RIN which identifies each regulatory action listed in                      the Unified Agenda of Federal Regulatory and Deregulatory                      Actions                    

                    See the                                          Document Drafting Handbook                                        for more details.                  

###### Small Business Administration

          - [Disaster Declaration #17145 and #17146; NEW JERSEY Disaster Number NJ-00063]

# AGENCY:

U.S. Small Business Administration.

# ACTION:

Amendment 2.

# SUMMARY:

This is an amendment of the Presidential declaration of a major disaster for Public Assistance Only for the State of New Jersey (FEMA-4614-DR), dated 09/05/2021.

*Incident:* Remnants of Hurricane Ida.

*Incident Period:* 09/01/2021 through 09/03/2021.

# DATES:

Issued on 09/11/2021.

*Physical Loan Application Deadline Date:* 11/04/2021.

*Economic Injury (EIDL) Loan Application Deadline Date:* 06/06/2022.

# ADDRESSES:

Submit completed loan applications to: U.S. Small Business Administration, Processing and Disbursement Center, 14925 Kingsport Road, Fort Worth, TX 76155.

# FOR FURTHER INFORMATION CONTACT:

A. Escobar, Office of Disaster Assistance, U.S. Small Business Administration, 409 3rd Street SW, Suite 6050, Washington, DC 20416, (202) 205-6734.

# SUPPLEMENTARY INFORMATION:

The notice of the President's major disaster declaration for Private Non-Profit organizations in the State of New Jersey, dated 09/05/2021, is hereby amended to include the following areas as adversely affected by the disaster.

*Primary Counties:* Morris.

All other information in the original declaration remains unchanged.

(Catalog of Federal Domestic Assistance Number 59008)

James Rivera,

Associate Administrator for Disaster Assistance.

[FR Doc. 2021-20055 Filed 9-15-21; 8:45 am]

BILLING CODE 8026-03-P
EXHIBIT
32.1


Certification
of Chief Executive Officer and Chief Financial Officer


pursuant
to Section 906 of the Sarbanes-Oxley Act of 2002


regarding Quarterly Report on Form
10-Q for the quarter ended September 30, 2008





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), the undersigned
officer of a Texas corporation (the “Company”), does hereby certify
that:





1.  The
Company's Quarterly Report on Form 10-Q for the fiscal period ended September
30, 2008, (the Form 10Q) fully complies with the requirements of Section 13(a)
or 15(d) of the Securities Exchange Act of 1934, as amended; and





2.  Information
contained in the Form 10-Q fairly presents, in all material respects, the
financial condition and results of operations of the Company.














Date: February
13,
2009                                                     By:               
 /s/ Steven L.
Sample


Steven L. Sample


Chief
Executive Officer and Principal Financial Officer
#### Alfonso Marinello, Respondent, v Yvonne Marinello, Appellant.

— In a matrimonial action in which the parties were divorced by judgment dated October 17, 1983, the defendant appeals, as limited by her notice of appeal and brief, from so much of an order of the Supreme Court, Queens County (Graci, J.), dated March 12, 1986, as directed that the marital residence be partitioned and sold pursuant to RPAPL article 9.

Ordered that the order is reversed insofar as appealed from, with costs, and the matter is remitted to the Supreme Court, Queens County, for further proceedings consistent with the judgment of divorce.

By directing that the marital residence be partitioned and sold under RPAPL article 9, Special Term effectively modified the stipulation settling the action and the judgment entered upon it, which provided that the wife would purchase the husband’s interest in the residence at a price to be established by appraisal. Neither party had requested such a modification, however, and in the absence of one of the "traditional” grounds for vacatur, e.g., fraud, duress, mistake or overreaching, none of which has been established or even alleged here, Special Term was powerless to effect it *(see, De Jose v De Jose,*104 AD2d 629, *affd*66 NY2d 804). It was error therefore to direct that the property be partitioned and sold. Mangano, J. P., Bracken, Niehoff and Spatt, JJ., concur.
<TABLE> <S> <C>

<PAGE>
<ARTICLE> 5
<LEGEND>
The Schedule contains summary financial information extracted from the Company's
condensed consolidated financial statements for the period ended January 31,
1998 and is qualified in its entirety by reference to such financial statements.
</LEGEND>
<MULTIPLIER> 1
<CURRENCY> US DOLLARS
       
<S>                             <C>
<PERIOD-TYPE>                   3-MOS
<FISCAL-YEAR-END>                          JUL-31-1998
<PERIOD-START>                              NOV-1-1997
<PERIOD-END>                               JAN-31-1998
<EXCHANGE-RATE>                                      1
<CASH>                                          22,897
<SECURITIES>                                         0
<RECEIVABLES>                                  136,624
<ALLOWANCES>                                         0
<INVENTORY>                                          0
<CURRENT-ASSETS>                                     0
<PP&E>                                         134,181
<DEPRECIATION>                                  99,552
<TOTAL-ASSETS>                               1,107,033
<CURRENT-LIABILITIES>                                0
<BONDS>                                              0
<PREFERRED-MANDATORY>                            6,415
<PREFERRED>                                          0
<COMMON>                                             0
<OTHER-SE>                                     125,261
<TOTAL-LIABILITY-AND-EQUITY>                 1,107,033
<SALES>                                        401,461
<TOTAL-REVENUES>                               401,461
<CGS>                                          299,171
<TOTAL-COSTS>                                  733,676
<OTHER-EXPENSES>                                     0
<LOSS-PROVISION>                                     0
<INTEREST-EXPENSE>                               9,054
<INCOME-PRETAX>                               (341,269)
<INCOME-TAX>                                         0
<INCOME-CONTINUING>                           (341,269)
<DISCONTINUED>                                       0
<EXTRAORDINARY>                                      0
<CHANGES>                                            0
<NET-INCOME>                                  (341,269)
<EPS-PRIMARY>                                     (.05)
<EPS-DILUTED>                                     (.05)
        

</TABLE>
STIP. MOT. TO EXT. TIME

Page 1

John Mansfield

john@harrisbricken.com

HARRIS BRICKEN

511 S.E. 11th Ave., Suite 201

Portland, OR 97214

Tel: 503.207.7313

Attorney for Plaintiff Dallas Buyers Club, LLC

Michael O. Stevens, OSB No. 095198 

michael@hillsborofirm.com

STEVENS & LEGAL, LLC

3699 NE John Olsen Avenue

Hillsboro, OR 97124

Tel: (971) 533-6178

Fax: (971) 228-2608

J. Curtis Edmondson, CASB No. 236105 (pro hac vice)

jcedmondson@edmolaw.com

Kiren Rockenstein, OSB No. 175638

kirenr@edmolaw.com

EDMONDSON IP LAW

3699 NE John Olsen Avenue

Hillsboro, OR 97124

Tel: (503) 336-3749

Fax: (503) 482-7418

David H. Madden, OSB No. 080396 

dhm@mersenne.com

MERSENNE LAW LLC

9600 SW Oak Street, Suite 500

Tigard, OR 97223

Tel: (503) 679-1671

Fax: (503) 512-6113

Attorneys for Defendant JOHN HUSZAR 

Case 3:15-cv-00907-AC Document 136 Filed 02/23/18 Page 1 of 3
STIP. MOT. TO EXT. TIME

Page 2

UNITED STATES DISTRICT COURT

FOR THE DISTRICT OF OREGON

PORTLAND DIVISION

DALLAS BUYERS CLUB, LLC, 

Plaintiff,

v.

JOHN HUSZAR 

Defendants.

Case No.: 3:15-cv-0907-AC

STIPULATED MOTION TO EXTEND 

TIME AND TO MODIFY PROTECTIVE 

ORDER

JOINT STIPULATED MOTION TO EXTEND TIME AND TO MODIFY THE 

PROTECTIVE ORDER

The parties stipulate as follows:

1. The parties have stipulated to extend the time for briefing on Defendant’s cross-motion for 

summary judgment, and move the Court to alter the previous briefing schedule as follows:

a. Defendant will file his Motion for Summary Judgment on 2/28/2018;

b. Plaintiff will file its Opposition to Defendant’s Motion for Summary Judgment on 

03/14/2018; and

c. Defendant will file his reply on the Motion for Summary Judgment on 03/21/2018.

2. The Software Protective Order at Docket 116, paragraph 4 should be modified as follows: 

For those portions of the Excipio and Maverickeye software/source code that are 

not open source, only the disclosed specific experts, all counsel of record for the 

parties, and their staff, shall have access to that portion of the code. The limitations 

of parties with access shall be strictly construed. 

Case 3:15-cv-00907-AC Document 136 Filed 02/23/18 Page 2 of 3
STIP. MOT. TO EXT. TIME

Page 3

Respectively submitted,

/s/ Kiren Rockenstein

Attorney for Defendant

/s/ John Mansfield

Attorney for Plaintiff

Case 3:15-cv-00907-AC Document 136 Filed 02/23/18 Page 3 of 3
**Exhibit 23.2**

**Consent of Independent Registered Public Accounting Firm**

We consent to the incorporation byreference in the Registration Statements (Form S-3 No. 333-138073 and Form S-8 Nos. 333-31751, 333-67265, 333-62618, 333-107462, 333-118041, 333-136406 and 333-144462) of NMT Medical, Inc. and in the related Prospectus of our report datedMarch 9, 2007, with respect to the consolidated financial statements of NMT Medical, Inc., included in the Annual Report (Form 10-K) for the year ended December 31, 2006. 

/s/ Ernst & Young LLP 

Boston, Massachusetts 

March 11, 2008
1

In The

Court of Appeals

Ninth District of Texas at Beaumont

________________

NO. 09-14-00333-CR

NO. 09-14-00334-CR 

________________

SHATARA MONTENEGRO, Appellant

V.

THE STATE OF TEXAS, Appellee

__________________________________________________________________

On Appeal from the 252nd District Court

Jefferson County, Texas

Trial Cause Nos. 13-15888, 13-15889

__________________________________________________________________

MEMORANDUM OPINION

Pursuant to plea bargain agreements, appellant Shatara Montenegro pleaded

guilty to two charges of aggravated assault. In each case, the trial court found the 

evidence sufficient to find Montenegro guilty, but deferred further proceedings, 

placed Montenegro on community supervision for five years, and assessed a fine of 

$1000. The State subsequently filed a motion to revoke Montenegro’s 

unadjudicated community supervision in each case. In both cases, Montenegro
2

pleaded “true” to one violation of the conditions of her community supervision. In 

each case, the trial court found that Montenegro had violated the conditions of her

community supervision, found Montenegro guilty of both charges of aggravated 

robbery, and assessed punishment at seven years of confinement. The trial court 

ordered that the sentences would run concurrently. 

Montenegro’s appellate counsel filed briefs that present counsel’s 

professional evaluation of the records and conclude the appeals are frivolous. See 

Anders v. California, 386 U.S. 738 (1967); High v. State, 573 S.W.2d 807 (Tex. 

Crim. App. 1978). On October 13, 2014, we granted an extension of time for 

Montenegro to file pro se briefs. We received no response from Montenegro. We 

have reviewed the appellate records, and we agree with counsel’s conclusion that 

no arguable issues support the appeals. Therefore, we find it unnecessary to order 

appointment of new counsel to re-brief the appeals. Compare Stafford v. State, 813 

S.W.2d 503, 511 (Tex. Crim. App. 1991). We affirm the trial court’s judgments.

1

 1

Montenegro may challenge our decision in these cases by filing petitions

for discretionary review. See Tex. R. App. P. 68.
3

AFFIRMED.

________________________________

 STEVE McKEITHEN 

Chief Justice

 

Submitted on January 12, 2015

Opinion Delivered February 4, 2015

Do Not Publish

Before McKeithen, C.J., Kreger and Horton, JJ.
#### In the Matter of the Estate of Alex G. Schmidt, Also Known as Alexander George Schmidt, Deceased. Ann L. McLaughlin, Respondent; Thomas E. Webb, Jr., as Executor of Alex G. Schmidt, Also Known as Alexander George Schmidt, Deceased, Appellant, et al., Respondents.

(Appeal No. 2.)

[946 NYS2d 521]

Appeal from an order of the Surrogate’s Court, Erie County (Barbara Howe, S.), entered March 15, 2011. The order, insofar as appealed from, granted in part the motion of petitioner to dismiss various affirmative defenses.

It is hereby ordered that the order so appealed from is *1480unanimously affirmed without costs for reasons stated in the decision by the Surrogate. Present — Scudder, P.J., Centra, Fahey, Peradotto and Sconiers, JJ.
Listen

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#### All data considered provisional and subject to revision.

      Gage Height                    
csv

      Flow                    
csv

      Max Water Temperature                    
csv

      Ave Water Temperature                    
csv

      Average Canal Gage Height                    
csv

      Min Water Temperature                    
csv

#### All data considered provisional and subject to revision.

      Gage Height                    
json

      Flow                    
json

      Max Water Temperature                    
json

      Ave Water Temperature                    
json

      Average Canal Gage Height                    
json

      Min Water Temperature                    
json
<TABLE> <S> <C>

<PAGE>
<ARTICLE> 5
<LEGEND>
THIS SCHEDULE CONTAINS SUMMARY FINANCIAL INFORMATION EXTRACTED FROM THE FORM
10-Q FOR THE QUARTER ENDED SEPTEMBER 30, 2000, AND IS QUALIFIED IN ITS ENTIRETY
BY REFERENCE TO SUCH FINANCIAL STATEMENTS AND FOOTNOTES.
</LEGEND>
<MULTIPLIER> 1,000

<S>                             <C>
<PERIOD-TYPE>                   9-MOS
<FISCAL-YEAR-END>                          DEC-31-2000
<PERIOD-START>                             JAN-01-2000
<PERIOD-END>                               SEP-30-2000
<CASH>                                           4,092
<SECURITIES>                                     5,397
<RECEIVABLES>                                    7,866
<ALLOWANCES>                                         0
<INVENTORY>                                      2,490
<CURRENT-ASSETS>                                20,214
<PP&E>                                           2,126
<DEPRECIATION>                                       0
<TOTAL-ASSETS>                                  22,802
<CURRENT-LIABILITIES>                            9,984
<BONDS>                                              0
<PREFERRED-MANDATORY>                                0
<PREFERRED>                                          0
<COMMON>                                        26,334
<OTHER-SE>                                    (13,516)
<TOTAL-LIABILITY-AND-EQUITY>                    22,802
<SALES>                                         23,039
<TOTAL-REVENUES>                                23,039
<CGS>                                            6,905
<TOTAL-COSTS>                                   22,771
<OTHER-EXPENSES>                                   517
<LOSS-PROVISION>                                     0
<INTEREST-EXPENSE>                                   0
<INCOME-PRETAX>                                (6,120)
<INCOME-TAX>                                         0
<INCOME-CONTINUING>                            (6,120)
<DISCONTINUED>                                       0
<EXTRAORDINARY>                                      0
<CHANGES>                                            0
<NET-INCOME>                                   (6,120)
<EPS-BASIC>                                      (.89)
<EPS-DILUTED>                                    (.89)


</TABLE>
(August 25, 1987)

#### In the Matter of Hansel L. McGee, Appellant, v Jeffrey R. Korman et al., Respondents. Jeffrey R. Korman et al., Respondents, v Alice Sachs et al., Respondents, and Hansel L. McGee, Appellant.

The order of this court entered on August 17, 1987 [133 AD2d 41] is amended so as to direct respondent Board of Elections to place the name of appellant, Hansel L. McGee, on the ballot as candidate for the office of Judge of the Surrogate’s Court, Bronx County, in the Democratic Party primary election to be held on September 15, 1987. Concur—Kassal, J. P., Rosenberger, Ellerin and Wallach, JJ.

Smith, J., dissents and would affirm for the reasons stated in his dissenting memorandum in *Matter of Korman v Sachs*(133 AD2d 41).
**EXHIBIT32.2**

 

**CERTIFICATIONPURSUANT TO 18 U.S.C. SECTION 1350 AS ADOPTEDPursuant to Section 906 of the Sarbanes-Oxley Act of 2002**

 

This certification is intended to accompanythe Annual Report of Precis, Inc. (the “Company”) on Form 10-K forthe period ended December 31, 2004, as filed with the Securities andExchange Commission on the date hereof (the “Report”), and is given solely forthe purpose of satisfying the requirements of 18 U.S.C. Section 1350, asadopted pursuant to Section 906 of the Sarbanes-Oxley Act of 2002. Theundersigned, in my capacity as set forth below, hereby certifies that:

 

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

 

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

 
| Date:  |  April 15, 2005 |   | By:                                      | /s/ ROBERT BINTLIFF |   |
|--------|----------------------|--------|------------------------------------------|---------------------|--------|
|   |                 |   | Robert Bintliff  Chief Financial Officer |

 

----