alea-institute/kl3m-data-sample-004-shuffled huggingface dataset:
1 IN THE COURT OF APPEALS OF THE STATE OF IDAHO

Docket No. 40465

STATE OF IDAHO ,

Plaintiff-Respondent ,

v.

JEFFREY DAVID BELANGER ,

Defendant-Appellant

. ) ) ) ) ) ) ) ) ) ) 2013 Unpublished Opinion No. 632

Filed: August 20, 2013

Stephen W. Kenyon, Clerk

THIS IS AN UNPUBLISHED OPINION AND SHALL NOT BE CITED AS AUTHORITY

Appeal from the District Court of the Seven th Judicial District, State of Idaho, Bonneville County. Hon. Jon J. Shindurling , District Judge.

Order denying I.C.R. 35 motion for reduction of sentence, affirmed

.

Stephen D. Thompson, Ketchum, for appellant.

Hon. Lawrence G. Wasden, Attorney General; Lori A. Fleming , Deputy Attorney Gen eral, Boise, for respondent.

________________________________________________
Before LANSING, Judge; GRATTON, Judge; and MELANSON, Judge

PER CURIAM

Jeffrey David Belanger pled guilty to burglary . Idaho Code § 18

- 1401 . The district court

sentenced Belanger to a unified sentence of f ive years with two years determinate and retained

jurisdiction. Following the period of retained jurisdiction, the district court placed Belanger on

probation. After Belanger twice admitt ed to violating the terms of his probation, the district

court revoked probation and executed the sentence

. Belanger filed an Idaho Criminal Rule 35

motion, which the district court denied. Belanger appeals asserting that the district court abused

its discretion by denying his Rule 35 motion

. 1

1 Belanger’s notice of appeal also included the district court’s order revoking probation and executing the original sentence as an issue on appeal. Belanger has withdrawn that issue.2 A motion for reduction of sentence under I.C.R. 35 is essentially a plea for leniency,

addressed to the sound discretion of the court. State v. Knighton , 143 Idaho 318, 319, 144 P.3d

23, 24 (2006); State v. Allbee , 115 Idaho 845, 846, 771 P.2d 66, 67 (Ct. App. 1989). In

presenting a Rule 35 motion, the defendant must show that the sentence is excessive in light of

new or additio nal information subsequently provided to the district court in support of the

motion. State v. Huffman , 144 Idaho 201, 203, 159 P.3d 838, 840 (2007). An appeal from the

denial of a Rule 35 motion cannot be used as a vehicle to review the underlying sente nce absent

the presentation of new information. Id. Because no new or additional information in support of

Belanger ’s Rule 35 motion was presented , the district court did not abuse its discretion . For the

foregoing reasons, the district court’s order denying Belanger ’s Rule 35 motion is affirmed.
# National Historically Black Colleges and Universities Week, 2005

America's Historically Black Colleges and Universities are places of learning and achievement that reflect our Nation's belief in the great potential of every student. By upholding high standards of excellence and providing equal educational opportunities to all Americans, these valued institutions help ensure that all our citizens can realize their full potential and look forward to a prosperous and hopeful future.

Historically Black Colleges and Universities (HBCUs) are a source of accomplishment and great pride for the African-American community and our entire Nation. By fostering academic achievement, instilling strong values and character, and equipping students with a quality education, they prepare rising generations for success and help fulfill our country's commitment to equal education.

My Administration is committed to supporting HBCUs and making higher education more affordable and more accessible. To ensure that more students have access to a college or university education, I have requested nearly $300 million for HBCUs in my 2006 budget, a record level of funding that would represent an increase in spending for these institutions by 30 percent during my Administration. Through the White House Initiative on Historically Black Colleges and Universities, we are pursuing new ways to strengthen and advance HBCUs through endowments, faculty development, and cooperative research.

America has made significant progress in strengthening our higher education system for all our citizens, and there is more work to do. We continue to strive toward a society in which every person can realize the great promise of America. During National Historically Black Colleges and Universities Week, we recognize the contributions of HBCUs, and we acknowledge and celebrate their role in making America a stronger and better Nation.

                    NOW, THEREFORE, I, GEORGE W. BUSH, President of the United States of America, by virtue of the authority vested in me by the Constitution and laws of the United States, do hereby proclaim September 11 through September 17, 2005, as National Historically Black Colleges and Universities Week. I call on public officials, educators, administrators, librarians, and all the people of the United States to observe this week with appropriate programs, ceremonies, and activities that demonstrate our appreciation for the many contributions these valuable institutions and their graduates have made to our country.                          ( print page 54464)    

IN WITNESS WHEREOF, I have hereunto set my hand this ninth day of September, in the year of our Lord two thousand five, and of the Independence of the United States of America the two hundred and thirtieth.

[FR Doc. 05-18368

Billing code 3195-01-P
TEXAS COURT OF APPEALS, THIRD DISTRICT, AT AUSTIN

NO. 03-08-00252-CR

Bobby Lee Espinoza, Appellant

v.

The State of Texas, Appellee

FROM THE DISTRICT COURT OF BELL COUNTY, 264TH JUDICIAL DISTRICT

NO. 56959, HONORABLE MARTHA J. TRUDO, JUDGE PRESIDING

M E M O R A N D U M O P I N I O N

In 2004, appellant Bobby Lee Espinoza pled guilty to tampering with physical

evidence and was placed on deferred adjudication for five years. See Tex. Penal Code Ann. § 37.09

(West Supp. 2008). In 2007, the State filed a motion to adjudicate, alleging various violations of her

deferred-adjudication conditions. Appellant pled true to the State’s allegations without an agreement

on punishment, and after a hearing, the trial court sentenced her to ten years’ imprisonment. 

Appellant’s appointed attorney has filed a brief concluding that the appeal is frivolous

and without merit. The brief meets the requirements of Anders v. California, 386 U.S. 738, 743-44

(1967), by presenting a professional evaluation of the record and demonstrating that there are no

arguable grounds to be advanced. See Penson v. Ohio, 488 U.S. 75, 80 (1988); Anders, 386 U.S. at

743-44; High v. State, 573 S.W.2d 807, 811-13 (Tex. Crim. App. 1978);Currie v. State, 516 S.W.2d

684, 684 (Tex. Crim. App. 1974); Gainous v. State, 436 S.W.2d 137, 138 (Tex. Crim. App. 1969).
No substitute counsel will be appointed. Should appellant wish to seek further review of 1

her case by the court of criminal appeals, she must either retain an attorney to file a petition for

discretionary review or file a pro se petition for discretionary review. See generally Tex. R. App.

P. 68-79 (governing proceedings in the Texas Court of Criminal Appeals). Any petition for

discretionary review must be filed within thirty days from the date of either this opinion or the date

this Court overrules the last timely motion for rehearing filed. See Tex. R. App. P. 68.2. The

petition must be filed with this Court, after which it will be forwarded to the court of criminal

appeals along with the rest of the filings in the cause. See Tex. R. App. P. 68.3, 68.7. Any petition

for discretionary review should comply with rules 68.4 and 68.5 of the rules of appellate procedure.

See Tex. R. App. P. 68.4, 68.5. 

2

Appellant’s attorney sent appellant a copy of the brief and advised her that she had the right to

examine the record and file a pro se brief. See Anders, 386 U.S. at 744; Jackson v. State,

485 S.W.2d 553, 553 (Tex. Crim. App. 1972). No pro se brief has been filed.

We have reviewed the record and counsel’s brief and agree that the appeal is frivolous

and without merit. Appellant pled true both to the underlying offense and to the State’s allegations

of violations of conditions, stating that she understood and waived her rights and that she understood

the range of possible punishment. We find nothing in the record that might arguably support the

appeal. We grant counsel’s motion to withdraw and affirm the judgment of conviction.1

___________________________________________

David Puryear, Justice

Before Justices Patterson, Puryear and Henson

Affirmed

Filed: August 27, 2008

Do Not Publish
August 14, 1962 

Major General Thomas S. Bishop 

Adjutant General of Texas 

Austin, Texas 

Dear General Bishop: 

Opinion No. ~~-1416 

Re: Does an appropriation 

exist out of which an 

injured National Guardsman, entitled by Article 

5945(a), Vernon's Civil 

Statutes, may receive 

pay and allowances during his period of dlsability. 

It was held in a prior opinion of this office (WW-1390) 

that Major Billie G. Hollowell, Texas Air National Guard, was 

enti tled to receive pay and allowances during his period of dissuch period not to exceed six (6) months under the 

$%f",f&s of Article 5945(a), Vernon's Civil Staiutes. You 

now ask this office to determine whether an appropriation 

exists out of which Major Hollowell may receive the pay and 

allowances to which he Is entitled. 

In the Appropriation Act of the 57th Legislature, 

under the heading ADJUTANT GENERAL'S DEPARTMENT, we find the 

following: 

(1 . . . 

“6. For medical and hospital service 

fees and wages;" 

We are not concerned here with medical and hospital service fees, 

inasmuch as the Federal government is furnishing those to Major 

Hollowell. However, from the linking of the fees and wages in 

line item 6, one can only conclude that the Legislature intended 

this particular appropriation to cover any expenditures that may 

become necessary under Article 5945(a). Further, in Black's Law 

Dictionary, 4th Ed., the word "wages" is defined in part as 

follows: 

II Every form of remuneration payable 

for a given'period to an individual for personal 

services, including salaries, commissions, vaca- 
Major General Thomas S. Bishop, page 2. (w-1416) 

tion pay, dismissal wages, bonuses and reasonable value of board, rent, housing, lodging, 

payments in kind, tips, and any other similar 

advantage received from the individual's employer or directly with respect to work for 

him." 

We hold that the word "wages," as used in the line item appropriation above quoted includes the pay and allowances to which 

Major Hollowell is entitled. 

SUMMARY 

The appropriation made in item 6, 

ADJUTANT GENERAL'S DEPARTMENT, of the Appropriation Act of the 57th Legislature provides 

the fund out of which pay and allowances may 

be paid to a National Guardsman during a 

period of disability, within the meaning of 

Article 5945(a), Vernon's Civil Statutes. 

Very truly yours, 

WILL WILSON 

Attorney General of Texas 

MLQ:mkh:zt 

APPROVED: 

OPINION COMMITTEE 

W. V. Geppert, Chairman 

Bob Shannon 

J. C. Davis 

J. Arthur Sandlin 

REVIEWED FOR THE ATTORNEY GENERAL 

BY: Leonard Passmore
_________________________________________ 

 

 

Order Michigan Supreme Court

Lansing, Michigan 

September 9, 2008 Clifford W. Taylor,

 Chief Justice 

135982 & (23) Michael F. Cavanagh 

Elizabeth A. Weaver 

Marilyn Kelly 

Maura D. Corrigan 

Robert P. Young, Jr. PEOPLE OF THE STATE OF MICHIGAN, Stephen J. Markman, Plaintiff-Appellee, Justices 

v SC: 135982 

 COA: 281058 
 Wayne CC: 04-008816-01

TERVARES WILLIAMS,

Defendant-Appellant. 

_________________________________________/ 

On order of the Court, the application for leave to appeal the January 18, 2008 

order of the Court of Appeals is considered, and it is DENIED, because the defendant has 

failed to meet the burden of establishing entitlement to relief under MCR 6.508(D). The 

motion to remand is DENIED. 

s0828 

I, Corbin R. Davis, Clerk of the Michigan Supreme Court, certify that the 

foregoing is a true and complete copy of the order entered at the direction of the Court. 

September 9, 2008 

 Clerk
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Brandon ARMSTRONG, Plaintiff, v. Amanda Sue PENTZ, Defendant.

No. COA15-718.

Court of Appeals of North Carolina.

April 5, 2016.

**Case Reported Without Published Opinion**

Dismissed.
# CE2004078EN.01079001.xml

| 27.3.2004 | EN | Official Journal of the European Union | CE 78/790 |
| --- | --- | --- | --- |

27.3.2004

EN

Official Journal of the European Union

CE 78/790

---

(2004/C 78 E/0841)

WRITTEN QUESTION E-3213/03

by Stavros Xarchakos (PPE-DE) to the Commission

(30 October 2003)

Subject:   Take-up of Community funding in the cultural sector in Greece

Subject:

Can the Commission indicate the precise take-up of Community funding allocated under the second and third Community support framework (CSF) in the cultural sector in Greece? What are the principal cultural initiatives which have received such funding in Greece and what exact amounts have been allocated to each under the third CSF?

Answer given by Mr Barnier on behalf of the Commission

(8 December 2003)

(8 December 2003)

Interventions in Greece under the Structural Funds in the cultural sector under the second and third Community Support Frameworks (CSF) aim to protect and develop the cultural heritage, develop modern culture and achieve a balanced development in the regional supply of, and demand for, cultural goods and services.

In terms of allocations to the cultural sector, the position is as follows:

| — | under the second CSF: EUR 208 million; |
| --- | --- |

—

under the second CSF: EUR 208 million;

| — | under the third CSF: EUR 960 million. |
| --- | --- |

—

under the third CSF: EUR 960 million.

The projects concerned relate to improving the buildings and technological infrastructure in existing museums, protecting and developing monuments and archaeological sites and reinforcing modern culture infrastructure and institutional structures.

Under the third CSF, interventions in this field are supported under the ‘Culture’ Operational Programme and the ‘Information Society’ Operational Programme. Additional actions can also be supported within the various regional operational programmes.

The Operational Programme for Culture has an allocation of EUR 604 million. It includes allocations for museums (EUR 192 million), archaeological sites (EUR 165 million), cultural centres (EUR 117 million) and the Athens and Thessalonica concert halls (EUR 114 million) and technical assistance (EUR 16 million).

The Operational Programme for the Information Society includes cultural actions with an allocation of EUR 129 million.

Under the regional operational programmes cultural interventions are allocated some EUR 227 million.

---
**Exhibit 99.12**

**CONSENT OF DENIS FLEURY, P.ENG.**

In connection with the Annual Report on Form 40-F, and any amendments and exhibits thereto, ofGoldcorp Inc. (the “Company”) for the year ended December 31, 2016 (collectively, the “Annual Report”), I, Denis Fleury, P.Eng., consent to (i) the use of and reference to the technical report dated 31 December,2015, entitled “Éléonore Operations, Quebec, Canada, NI 43-101 Technical Report” (the “Technical Report”), or portions thereof, that was prepared by me, that I supervisedthe preparation of and/or was reviewed and approved by me, (ii) the use of and references to my name, including as an expert or “qualified person”, in connection with the Annual Report and the Technical Report, and (iii) theinformation derived or summarized from the Technical Report that is included or incorporated by reference in the Annual Report and any of the exhibits thereto. 

I also hereby consent to the incorporation by reference of such information contained in the Annual Report and exhibits thereto intoRegistration Statement Nos. 333-126039,333-126040,333-151243,333-151251,333-174376,333-181116,333-188805,333-195816 and333-213153 on Form S-8,No. 333-207371 on Form F-3 and No. 333-211892 on Form F-10 of the Company. 

Date: March16, 2017
Cheri Joyner STALLINGS v. Jeffrey Driver STALLINGS.

No. 433P15.

Supreme Court of North Carolina.

March 17, 2016.

Marcia H. Armstrong, Smithfield, for Stallings, Jeffrey Driver.

Elizabeth B. McKinney, for Stallings, Cheri Joyner.

Thomas R. Sallenger, Wilson, for Stallings, Cheri Joyner.

I. Joe Ivey, Wilson, for Stallings, Cheri Joyner.

L. Lamar Armstrong, Jr., Smithfield, for Stallings, Jeffrey Driver.

L. Lamar Armstrong, III, for Stallings, Jeffrey Driver.

*ORDER*

Upon consideration of the petition filed on the 22nd of December 2015 by Defendant in this matter for discretionary review of the decision of the North Carolina Court of Appeals pursuant to G.S. 7A-31, the following order was entered and is hereby certified to the North Carolina Court of Appeals:

> "Denied by order of the Court in conference, this the 17th of March 2016."
**Exhibit 23.1****Consent of Independent Registered Public Accounting Firm**We consent to the incorporation by reference in Registration Statement (Nos. 333-127357, 333-42082,333-47259, 333-68255, 33-77051) on Form S-8 of Tier Technologies, Inc. and subsidiaries of ourreport dated December 13, 2006 relating to our audits of the consolidated financial statements andthe financial statement schedules which appear in the Annual Report to Shareholders, which isincorporated in this Annual Report on Form 10-K of Tier Technologies, Inc. and subsidiaries for theyear ended September 30, 2006.Our report dated December 13, 2006, on management’s assessment of the effectiveness of internalcontrol over financial reporting and the effectiveness of internal control over financial reportingas of September 30, 2006, expressed an opinion that management’s assessment that Tier TechnologiesInc. and subsidiaries maintained effective internal control over financial reporting as ofSeptember 30, 2006 is fairly stated, in all material respects, based on criteria established in*Internal Control—Integrated Framework issued by the Committee of Sponsoring Organizations of theTreadway Commission (COSO).*Also, our report expressed an opinion that Tier Technologies, Inc. andsubsidiaries had maintained effective internal control over financial reporting as of September 30,2006, based on criteria established in *Internal Control—Integrated Framework issued by theCommittee of Sponsoring Organizations of the Treadway Commission (COSO).*/s/McGladrey & Pullen, LLP
EXHIBIT 99.3

                       RECKSON OPERATING PARTNERSHIP, L.P.
                                  EXHIBIT 99.3
              CERTIFICATION PURSUANT TO SECTION 1350 OF CHAPTER 63
                     OF TITLE 18 OF THE UNITED STATES CODE

I, Michael Maturo, CFO of Reckson Associates Realty Corp. the sole general
partner of Reckson Operating Partnership, L.P. (the "Company"), certify pursuant
to section 906 of the Sarbanes-Oxley Act of 2002, 18 U.S.C. Section 1350, that:

          1)  The Quarterly Report on Form 10-Q of the Company for the quarterly
              period ended June 30, 2002 (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:  August 12, 2002

                          RECKSON OPERATING PARTNERSHIP, L.P.
                              By:  Reckson Associates Realty Corp.,
                                     its sole general partner


                                 By     /s/ Michael Maturo
                                   ---------------------------
                                        Michael Maturo, Chief Financial Officer