alea-institute/kl3m-data-sample-004-shuffled huggingface dataset:
#### THE PEOPLE OF THE STATE OF ILLINOIS, Plaintiff-Appellee, v. HASAAN ECHOLS, Defendant-Appellant.

First District (6th Division)

No. 1—00—1066

Opinion filed October 5, 2001.

*516Rita A. Fry, Public Defender, of Chicago (Andrea Monsees, Assistant Public Defender, of counsel), for appellant.

Richard A. Devine, State’s Attorney, of Chicago (Renee Goldfarb, Alan J. Spellberg, and Susan M. Caraher, Assistant State’s Attorneys, of counsel), for the People.

JUSTICE BUCKLEY

delivered the opinion of the court:

Following a bench trial, defendant Hasaan Echols was convicted of burglary and sentenced to a Class X prison term of 20 years based on his criminal history. On appeal, defendant contends the mandatory Class X sentencing provision of section 5 — 5—3(c)(8) of the Unified Code of Corrections (the Code) (730 ILCS 5/5 — 5—3(c)(8) (West 1998)) is unconstitutional because it required his sentence to be increased based on prior convictions that were not charged in the indictment, submitted to a jury and proved beyond a reasonable doubt.

Defendant was convicted of burglary, a Class 2 felony (720 ILCS 5/19 — 1 (West 1998)). Although a Class 2 felony provides for a possible prison sentence from three to seven years (730 ILCS 5/5 — 8—1(a)(5) (West 1998)), defendant’s prior convictions required him to receive a Class X prison sentence based on section 5 — 5—3(c)(8) of the Code. A Class X prison sentence ranges from 6 to 30 years, and the court imposed a 20-year sentence. 730 ILCS 5/5 — 5—3(c)(8) (West 1998).

In this appeal, defendant contends that the mandatory Class X sentencing provision of section 5 — 5—3(c)(8) of the Code is unconstitutional under *Apprendi v. New Jersey,*530 U.S. 466, 147 L. Ed. 2d 435, 120 S. Ct. 2348 (2000).

This court recently addressed and rejected defendant’s exact contention in *People v. Lathon,*317 Ill. App. 3d 573 (2000). In *Lathon,*the defendant argued that section 5 — 5—3(c)(8) was unconstitutional pursuant to *Apprendi*because it increased the maximum penalty to which the defendant was subject without any requirement of notice of the facts that ’subjected him to that increased penalty and a jury de*517termination of whether those facts existed upon proof of a reasonable doubt. This court rejected the defendant’s argument, noting that a defendant’s recidivism is a narrow exception to the general rule articulated in *Apprendi*that “any fact that increases the penalty for a crime beyond the prescribed statutory maximum must be alleged in the charging document, submitted to a jury, and proved beyond a reasonable doubt.” *Lathon,*317 Ill. App. 3d at 587. This court determined that *Apprendi*does not render section 5 — 5—3(c)(8) unconstitutional because the ruling in *Apprendi*specifically excluded increased penalties based on prior convictions. *Lathon,*317 Ill. App. 3d at 587; see also *People v. Ramos,*318 Ill. App. 3d 181, 193 (2000). We agree and find defendant’s argument without merit.

Accordingly, the judgment of the circuit court is affirmed.

Affirmed.

GALLAGHER, RJ., and O’MARA FROSSARD, J., concur.
Case 1:07-cv-05732-GBD Document 3 Filed 06/19/2007 Page 1 of 3Case 1:07-cv-05732-GBD Document 3 Filed 06/19/2007 Page 2 of 3Case 1:07-cv-05732-GBD Document 3 Filed 06/19/2007 Page 3 of 3
## In the Court of Appeals Second Appellate Distr ict of Texas at Fort Worth

___________________________ No. 02

- 23

- 00086

- CR

___________________________

On Appeal from County Criminal Court No. 4 Denton County, Texas Trial Court No. CR

- 2022 -0 2247 -A

Before Kerr, Birdwell, and Bassel, JJ. M emorandum Opinion by Justice Kerr 

### D AMARIS 

### P LAISANT 

### M C 

### C ALLEY 

### , Appellant

V



### . T HE 

### S TATE OF 

### T EXAS2 MEMORANDUM OPINION
Dama ris Pla i sant McCalley attempt s to appeal from the order denying her
motion to recuse the trial

- court judge signed by the P res iding J udge of the Eight h
A dministrative Judicial Region

. See genera lly Tex. R. Civ. P. 18a, 18b

. 1 We wrote to
M cCalley to no tify her of our conc er n th at we lack ed juri sdiction over her appeal
because in criminal cases , our jurisdiction is generally limited to cases in which the

t rial court has signed a conviction judgment

. S ee McKown v. State , 915 S.W.2d 160,
161 (Tex. App.

— For t Worth 1996, no pet.) (per curiam)

. We further explained that

an interlocutory order denying a recusal motion is not immediately ap pealable. See , e.g. , Reg er v. State , No. 02

- 21

- 00049

- CR, 2021 WL 25 86619, at *1 (Tex. App.

— Fort Worth J une 24, 2021, no pet.) (mem. op., not designated for pub lica tion). We warned McCalley that unless she or any party filed a response within ten days showi ng grounds for continuin g t he appeal, we could dismiss th e appeal f or want of jurisdiction. See Tex . R. App. P. 43.2(f), 44.3. Ten days h ave passed, and we hav e not received a response. Because an order denying a recusal motion is not an appe alable interlocutory order and the tri al court has not yet signed a con viction ju dgment , we dism iss this appeal for want o f jurisdiction. See Tex. R. A pp . P. 43.2(f) ; Tex. R . C i v. P. 18 a (j)(1)(A) (“ An order

1 “ The procedures for recusal of judges set out in Rul e 18a o f th e Texas Rules of Civil Procedure apply in crim inal cases .” De Leon v. Aguilar , 127 S.W.3d 1, 5 (Tex. Crim. App. 2004 ) (orig

. pr oceeding)

.3 denying a motion to recuse may be reviewed only for abuse of discretion on appeal
from the final judgment

. ”) ; see also R eger , 2021 WL 2586619, at *1 ; c f. Green v. Stat e , 374 S.W.3d 434 , 445 –46 (Tex. Cr im. App. 2012 ) (d ismis sing appeal from order denying motion to recuse trial

- court judge who had determined defendant’s

com pet ency to be ex ecut ed a nd holdi ng that order could be re viewed onl y on appeal from final judgment determining competency).

/s/ Elizabeth Kerr Elizabeth Ke rr Justice
Do Not Pub lish Tex. R. App. P. 47.2(b)
Delivered : June 15, 2023
----

| (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. |
|-----------------|---------------------------------------------------------------------------------------------------------------------------------------------------------------------|

| Dated:      February 23, 2010  | By:      /s/ ROBERT P. VAN DER MERWE                                             |
|-------------------------------------|---------------------------------------------------------------------------------------|
|                                | Title: Chairman of the Board of      Directors, President, and Chief ExecutiveOfficer |
|                                |                                                                                  |
| Dated:      February 23, 2010       | By:      /s/ RAYMOND D.      ANDREWS                                             |
|                                | Title:      Senior Vice President and Chief Financial Officer                    |

----
Exhibit 32   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 Freedom Resources Enterprises, Inc. (the Company) on Form 10-Q for the period ended June 30, 2008, as filed with the Securities and Exchange Commission on the date hereof (the Report), I, Neil Christiansen, Chief Executive Officer and 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 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 result of operations of the Company.   July ____, 2008/s/ Neil ChristiansenNeil ChristiansenChief Executive OfficerPrincipal Financial Officer
<TABLE> <S> <C>

<ARTICLE> 5
       
<S>                             <C>
<PERIOD-TYPE>                   12-MOS
<FISCAL-YEAR-END>                          SEP-30-1996
<PERIOD-END>                               SEP-30-1996
<CASH>                                         120,572
<SECURITIES>                                         0
<RECEIVABLES>                                1,987,102
<ALLOWANCES>                                         0
<INVENTORY>                                          0
<CURRENT-ASSETS>                             2,188,887
<PP&E>                                       3,433,988
<DEPRECIATION>                               1,491,883
<TOTAL-ASSETS>                               9,416,641
<CURRENT-LIABILITIES>                        4,038,109
<BONDS>                                              0
<PREFERRED-MANDATORY>                          267,552
<PREFERRED>                                          0
<COMMON>                                             0
<OTHER-SE>                                   3,756,606
<TOTAL-LIABILITY-AND-EQUITY>                 9,416,641
<SALES>                                        192,470
<TOTAL-REVENUES>                            11,242,586
<CGS>                                                0
<TOTAL-COSTS>                               10,290,570
<OTHER-EXPENSES>                                 6,882
<LOSS-PROVISION>                                     0
<INTEREST-EXPENSE>                             794,054
<INCOME-PRETAX>                                896,659
<INCOME-TAX>                                   339,000
<INCOME-CONTINUING>                            557,659
<DISCONTINUED>                                       0
<EXTRAORDINARY>                                      0
<CHANGES>                                            0
<NET-INCOME>                                   557,659
<EPS-PRIMARY>                                     0.03
<EPS-DILUTED>                                     0.03
        

</TABLE>
##### 



EXHIBIT 13.(b)

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 TDK Corporation (TDK) on Form 20-F
for the fiscal year ended March 31, 2003 as filed with the Securities and
Exchange Commission on the date hereof (the Report), I, Hajime Sawabe, Chief
Financial Officer of TDK, certify, pursuant to 18 U.S.C. § 1350, as adopted
pursuant to Section 906 of the Sarbanes-Oxley Act of 2002, that:



|1. |  | The Report fully complies with the requirements of
Section 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 TDK.

| |     |                                                                                              
| | --- | ---------------------------------------------------------------------------------------------
| |     | TDK CORPORATION                                                                              
|
| | By: | /s/ Hajime SawabeHajime Sawabe
President, Representative Director
and Chief Financial Officer

Date: August 11, 2003

- 96 -
<Page>


                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 Lazare Kaplan International Inc.
(the "Company") on Form 10-K for the fiscal year ended May 31, 2006 as filed
with the Securities and Exchange Commission on the date hereof (the "Report"),
I, Leon Tempelsman, President and Chief Executive 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:

(1) The Report fully complies with the requirements of section 13(a) or 15(d) of
the Securities Exchange Act of 1934, as amended; 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: August 24, 2006                  By: /s/ Leon Tempelsman
                                      -------------------------
                                       Leon Tempelsman
                                       President and Chief Executive Officer




<Page>


                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 Lazare Kaplan International Inc.
(the "Company") on Form 10-K for the fiscal year ended May 31, 2006 as filed
with the Securities and Exchange Commission on the date hereof (the "Report"),
I, William H. Moryto, Vice President and Chief 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:

(1) The Report fully complies with the requirements of section 13(a) or 15(d) of
the Securities Exchange Act of 1934, as amended; 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: August 24, 2006             By: /s/ William H. Moryto
                                 ---------------------------
                                  William H. Moryto
                                  Vice President and Chief Financial Officer
(85 South. 923)

#### PERRY COUNTY v. TUCKER et al.

(2 Div. 700.)

(Supreme Court of Alabama.

April 22, 1920.)

Appeal from Circuit Court, Perry County; Henry F. Reese, Special Judge.

W. L. Hogue and C. C. Johnston, both of Marion, for appellant.

A. W. Stewart, of Marion, and R. B. Evins of Greensboro, for appellees.

PER CURIAM.

Case settled between parties and dismissed by agreement.
<TABLE> <S> <C>

<ARTICLE> 5
<LEGEND>
This schedule contains summary financial information extracted from Consolidated
Captial Growth Fund 1995 Year-End 10-KSB and is qualified in its entirety by
reference to such 10-KSB filing.
</LEGEND>
<CIK> 0000201529
<NAME> CONSOLIDATED CAPITAL GROWTH FUND
<MULTIPLIER> 1,000
       
<S>                             <C>
<PERIOD-TYPE>                   12-MOS
<FISCAL-YEAR-END>                          DEC-31-1995
<PERIOD-END>                               DEC-31-1995
<CASH>                                           4,717
<SECURITIES>                                         9
<RECEIVABLES>                                        0
<ALLOWANCES>                                         0
<INVENTORY>                                          0
<CURRENT-ASSETS>                                     0<F1>
<PP&E>                                          39,803
<DEPRECIATION>                                  18,789
<TOTAL-ASSETS>                                  27,733
<CURRENT-LIABILITIES>                                0<F1>
<BONDS>                                         25,948
<PREFERRED-MANDATORY>                                0
<PREFERRED>                                          0
<COMMON>                                             0
<OTHER-SE>                                         790
<TOTAL-LIABILITY-AND-EQUITY>                    27,733
<SALES>                                              0
<TOTAL-REVENUES>                                11,262
<CGS>                                                0
<TOTAL-COSTS>                                        0
<OTHER-EXPENSES>                                 9,830
<LOSS-PROVISION>                                     0
<INTEREST-EXPENSE>                                   0
<INCOME-PRETAX>                                      0
<INCOME-TAX>                                         0
<INCOME-CONTINUING>                              5,058
<DISCONTINUED>                                       0
<EXTRAORDINARY>                                     21
<CHANGES>                                            0
<NET-INCOME>                                     5,079
<EPS-PRIMARY>                                   102.21
<EPS-DILUTED>                                        0
<FN>
<F1>The Registrant has an unclassified balance sheet.
</FN>
        

</TABLE>
Exhibit 15.1

RAIT Financial Trust

Cira Centre

2929 Arch Street, 17thFloor

Philadelphia, Pennsylvania 19104

We
have reviewed, in accordance with standards established by the Public Company Accounting Oversight Board (United States), the unaudited interim consolidated financial information of RAIT Financial Trust and subsidiaries for the periods ended
June 30, 2007 and 2006, as indicated in our report dated August 7, 2007 because we did not perform an audit, we expressed no opinion on that information.

We are aware that our report referred to above, which is included in your Quarterly Report on Form 10-Q for the quarter ended June 30, 2007 is incorporated by reference in Registration Statements of RAIT Financial Trust on Form S-3
(File No. 333-144603; effective on July 16, 2007; File No. 333-139948, effective on January 12, 2007; File No. 333-139889, effective on January 10, 2007; File No. 333-103618, effective on March 14, 2003; File
No. 333-69366, effective on October 18, 2001; and File No. 333-78519, effective on May 14, 1999) and Form S-8 (File No. 333-125480, effective on June 3, 2005; File No. 333-109158, effective on September 26,
2003; File No. 333-100766, effective on October 25, 2002; and File No. 333-67452, effective on August 14, 2001).

We also are aware
that the aforementioned report, pursuant to Rule 436(c) under the Securities Act of 1933, is not considered a part of a Registration Statement prepared or certified by an accountant within the meaning of Sections 7 and 11 of that Act.



|                          
|--------------------------
|/s/ Grant Thornton LLP    
|Philadelphia, Pennsylvania
|August 7, 2007
**Exhibit 15.1**

RAIT Financial Trust 

CiraCentre 

2929 Arch Street, 17th Floor 

Philadelphia, Pennsylvania 19104 

We havereviewed, in accordance with the standards of the Public Company Accounting Oversight Board (United States), the unaudited interim consolidated financial information of RAIT Financial Trust and subsidiaries for the three month periods endedMarch 31, 2010 and 2009, as indicated in our report dated May 7, 2010 (except Notes 5 and 14, as to which the date is November 5, 2010); for the three and six month periods ended June 30, 2010 and 2009, as indicated in our reportdated August 6, 2010 (except for Notes 5 and 14, as to which the date is November 5, 2010); and for the three and nine month periods ended September 30, 2010 and 2009, as indicated in our report dated November 5, 2010; because wedid not perform an audit, we expressed no opinion on that information. 

We are aware that our reports referred to above, which are included inItem 1 for the three and nine month periods ended September 30, 2010 and 2009, and in Item 5 for three month periods ended March 31, 2010 and 2009 and the three and six month periods ended June 30, 2010 and 2009 of yourQuarterly Report on Form 10-Q for the quarter ended September 30, 2010 are incorporated by reference in Registration Statements of RAIT Financial Trust on Form S-3 (File No. 333-166065, effective on May 7, 2010; FileNo. 333-152351, effective on August 6, 2008; File No. 333-149340, effective on March 13, 2008; File No. 333-144603, effective on July 16, 2007 and post effective amendment effective April 25, 2008) and Form S-8(File No. 333-151627, effective June 13, 2008; File No. 333-125480, effective on June 3, 2005; File No. 333-100766, effective on October 25, 2002; and File No. 333-67452, effective on August 14, 2001).

We also are aware that the aforementioned reports, pursuant to Rule 436(c) under the Securities Act of 1933, are not considered a part of aRegistration Statement prepared or certified by an accountant within the meaning of Sections 7 and 11 of that Act.
<TABLE> <S> <C>

<ARTICLE>           5
<MULTIPLIER>        1,000
       
<S>                             <C>
<PERIOD-TYPE>                   12-MOS
<FISCAL-YEAR-END>                          DEC-31-1995
<PERIOD-START>                             JAN-01-1995
<PERIOD-END>                               DEC-31-1995
<CASH>                                          21,033
<SECURITIES>                                         0
<RECEIVABLES>                                  344,232
<ALLOWANCES>                                     4,113
<INVENTORY>                                    259,782
<CURRENT-ASSETS>                               637,847
<PP&E>                                         270,976
<DEPRECIATION>                                 110,843
<TOTAL-ASSETS>                                 823,280
<CURRENT-LIABILITIES>                          481,966
<BONDS>                                         91,257
<COMMON>                                        89,206
<PREFERRED-MANDATORY>                                0
<PREFERRED>                                        150
<OTHER-SE>                                      84,801
<TOTAL-LIABILITY-AND-EQUITY>                   823,280
<SALES>                                      2,764,790
<TOTAL-REVENUES>                             2,764,790
<CGS>                                        2,267,186
<TOTAL-COSTS>                                2,267,186
<OTHER-EXPENSES>                               422,896
<LOSS-PROVISION>                                   312
<INTEREST-EXPENSE>                              16,577
<INCOME-PRETAX>                                 62,552
<INCOME-TAX>                                    25,834
<INCOME-CONTINUING>                             36,718
<DISCONTINUED>                                       0
<EXTRAORDINARY>                                      0
<CHANGES>                                            0
<NET-INCOME>                                    36,718
<EPS-PRIMARY>                                     8.11
<EPS-DILUTED>                                     8.11
        

</TABLE>
##### 



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
  (1)
    
    The Report fully complies with the requirements of
Section 13(a) or 15(d) of the Securities Exchange
Act of 1934 (15 U.S.C. 78m or 78o(d)); and(2)
    
    The information contained in the Report fairly
presents, in all material respects, the financial
condition and results of operations of the Company.
 Dated: April 5, 2006
    /s/ Andrew P. CalerichAndrew P. CalerichPresident and Chief Financial Officer