alea-institute/kl3m-data-sample-004-shuffled huggingface dataset:
I

104TH CONGRESS

2D SESSION H. R. 3589

To amend title 13, United States Code, to make clear that no sampling

or other statistical procedure may be used in determining the total

population by States for purposes of the apportionment of Representatives in Congress.

IN THE HOUSE OF REPRESENTATIVES

JUNE 5, 1996

Mr. PETRI introduced the following bill; which was referred to the Committee

on Government Reform and Oversight

A BILL

To amend title 13, United States Code, to make clear that

no sampling or other statistical procedure may be used

in determining the total population by States for purposes of the apportionment of Representatives in Congress.

1 Be it enacted by the Senate and House of Representa2 tives of the United States of America in Congress assembled,
2

•HR 3589 IH

1 SECTION 1. USE OF SAMPLING PROCEDURES NOT PER2 MITTED IN DETERMINING TOTAL POPU3 LATION BY STATES FOR PURPOSES OF THE

4 APPORTIONMENT OF REPRESENTATIVES IN

5 CONGRESS.

6 (a) IN GENERAL.—Subsection (b) of section 141 of

7 title 13, United States Code, is amended by striking ‘‘(b)’’

8 and inserting ‘‘(b)(1)’’ and by adding at the end the fol9 lowing:

10 ‘‘(2) In no event may any sampling or other statis11 tical procedure be used in determining the total population

12 by States under subsection (a) of this section for purposes

13 of the apportionment of Representatives in Congress

14 among the several States.’’.

15 (b) CONFORMING AMENDMENT.—Subsection (a) of

16 section 141 of title 13, United States Code, is amended

17 by inserting ‘‘(except as provided in subsection (b)(2))’’

18 after ‘‘sampling procedures’’.

Æ
SUPREME COURT OF THE STATE OF NEW YORK

Appellate Division, Fourth Judicial Department

1492 

KA 09-01036 

PRESENT: CENTRA, J.P., LINDLEY, SCONIERS, GREEN, AND GORSKI, JJ. 

 

THE PEOPLE OF THE STATE OF NEW YORK, RESPONDENT, 

V OPINION AND ORDER

PIERRE D. COSBY, DEFENDANT-APPELLANT. 

(APPEAL NO. 2.) 

LINDA M. CAMPBELL, SYRACUSE, FOR DEFENDANT-APPELLANT. 

WILLIAM J. FITZPATRICK, DISTRICT ATTORNEY, SYRACUSE (VICTORIA M. WHITE

OF COUNSEL), FOR RESPONDENT. 

 

Appeal, by permission of a Justice of the Appellate Division of

the Supreme Court in the Fourth Judicial Department, from an order of

the Supreme Court, Onondaga County (John J. Brunetti, A.J.), entered

May 14, 2009. The order denied the motion of defendant to vacate his

conviction pursuant to CPL 440.10. 

It is hereby ORDERED that the order so appealed from is

unanimously affirmed. 

Same Opinion by CENTRA, J.P., as in People v Cosby ([appeal No. 1]

___ AD3d ___ [Feb. 10, 2011]).

Entered: February 10, 2011 Patricia L. Morgan

Clerk of the Court
EXHIBIT 23.1



CONSENT OF INDEPENDENT REGISTERED PUBLIC ACCOUNTING FIRM



We consent to the incorporation by reference in Registration Statement No. 333-128814, 333-132897 and 333-140384 on Forms S-8 of Sun American Bancorp of our report dated March 17, 2008 with respect to the consolidated financial statements of Sun American Bancorp, and the effectiveness of internal control over financial reporting, which report appears in this Annual Report on Form 10-K of Sun American Bancorp for the year ended December 31, 2007.



| |                         
| | ------------------------
| | [exhibit231002.gif]     
| | CROWECHIZEKANDCOMPANYLLC



Fort Lauderdale, Florida

March 17, 2008
PUBLISH

IN THE UNITED STATES COURT OF APPEALS

FOR THE ELEVENTH CIRCUIT

________________________

No. 97-6306

________________________

D. C. Docket No. 97-T-476-N

WALTER HILL,

Plaintiff-Appellant,

versus

JOE S. HOPPER, Commissioner

of Alabama Department of

Corrections,

Defendant-Appellee.

________________________

Appeal from the United States District Court

for the Middle District of Alabama _________________________

(April 17, 1997)

Before HATCHETT, Chief Judge, COX and BLACK, Circuit Judges.

PER CURIAM:
2

Appellant Walter Hill, an Alabama inmate convicted of capital murder and

sentenced to death, challenges on appeal the district court’s dismissal of his 42 U.S.C.

§ 1983 assault upon the constitutionality of electrocution as a means of execution.

The State of Alabama intends to execute Hill by means of electrocution on May 2,

1997. On March 31, 1997, Appellant Hill filed a complaint in the United States District

Court for the Middle District of Alabama charging that the scheduled electrocution

constitutes cruel and unusual punishment in violation of the Eighth and Fourteenth

Amendments. Among other relief, the complaint sought to enjoin Appellee Joe S.

Hopper from employing electrocution to carry out Hill’s death sentence. By order

dated April 10, 1997, the district court dismissed the complaint as an improper

successive habeas petition. We affirm.

In Felker v. Turpin, 101 F.3d 95, 96 (11th Cir.), cert. denied, 117 S. Ct. 450 (1996), we

held that a prisoner may not circumvent the rules regarding second or successive

habeas petitions by filing a § 1983 claim. Appellant Hill acknowledges that he has filed

a previous federal habeas petition. See Hill v. Jones, 81 F.3d 1015 (11th Cir.), reh’g and

suggestion for reh’g en banc denied, 92 F.3d 1202 (11th Cir. 1996), cert. denied, 117 S. Ct.

967 (1997). As Hill’s § 1983 cruel and unusual punishment claim constitutes the

“functional equivalent” of a second habeas petition, the district court was subject to

the law applicable to successive habeas petitions. Felker, 101 F.3d at 96. Under 28 U.S.C.

§ 2244(b)(3)(A), the district court lacked jurisdiction to consider Appellant Hill’s

request for relief because Hill had not applied to this Court for permission to file a

second habeas petition.
3

AFFIRMED.
[Federal Register Volume 61, Number 125 (Thursday, June 27, 1996)]
[Notices]
[Pages 33571-33572]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 96-16449]


-----------------------------------------------------------------------


TENNESSEE VALLEY AUTHORITY

Paperwork Reduction Act of 1995, As Amended by P.L. 104-13; 
Proposed Collection; Comment Request

AGENCY: Tennessee Valley Authority.

ACTION: Proposed collection; comment request.

-----------------------------------------------------------------------

SUMMARY: The proposed information collection described below will be 
submitted to the Office of Management and Budget (OMB) for review, as 
required by the Paperwork Reduction Act of 1995 (44 U.S.C. Chapter 35, 
as

[[Page 33572]]

amended). The Tennessee Valley Authority is soliciting public comments 
on this proposed collection as provided by 5 CFR Sec. 1320.8(d)(1). 
Requests for information, including copies of the information 
collection proposed and supporting documentation, should be directed to 
the Acting Agency Clearance Officer: Wilma H. McCauley, Tennessee 
Valley Authority, 1101 Market Street (CST 13B), Chattanooga, TN 37402-
2801; (423) 751-2523.
    Comments should be sent to the Acting Agency Clearance Officer no 
later than August 26, 1996.

SUPPLEMENTARY INFORMATION:

    Type of Request: Regular submission, proposal to extend with minor 
revisions a currently approved collection of information (OMB control 
number 3316-0062).
    Title of Information Collection: TVA Procurement Documents, 
including Invitation to Bid, Request for Proposal, Request for 
Quotation, and other related Procurement or Sales Documents.
    Frequency of Use: On occasion.
    Type of Affected Public: Individuals or households, businesses or 
other for-profit, non-profit institutions, small businesses or 
organizations.
    Small Businesses or Organizations Affected: Yes.
    Federal Budget Functional Category Code: 999.
    Estimated Number of Annual Responses: 71,500.
    Estimated Total Annual Burden Hours: 68,000.
    Estimated Average Burden Hours Per Response: 1.78.
    Need For and Use of Information: TVA procures goods and services to 
fulfill its statutory obligations and sells surplus items to recover a 
portion of its investment costs. This activity must be conducted in 
compliance with a variety of applicable laws, regulations, and 
Executive Orders. Vendors and purchasers who voluntarily seek to 
contract with TVA are affected.
William S. Moore,
Senior Manager, Administrative Services.
[FR Doc. 96-16449 Filed 6-26-96; 8:45 am]
BILLING CODE 8120-08-P
[Federal Register Volume 61, Number 128 (Tuesday, July 2, 1996)]
[Notices]
[Page 34422]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 96-16788]


-----------------------------------------------------------------------

DEPARTMENT OF COMMERCE
National Oceanic and Atmospheric Administration
[I.D.062596C]


Northwest Atlantic Fisheries Organization Annual Meeting; Public 
Information and Preparatory Meeting

AGENCY: National Marine Fisheries Service (NMFS), National Oceanic and 
Atmospheric Administration (NOAA), Commerce.

ACTION: Notice of public meeting; request for comments.

-----------------------------------------------------------------------

SUMMARY: NMFS will hold a public meeting to review issues expected to 
come before the 18th Annual Meeting of the Northwest Atlantic Fisheries 
Organization (NAFO), which will occur September 9-13, 1996, in St. 
Petersburg, Russia, and to receive comments from members of the 
interested public. Any member of the public is welcome to attend. To 
accommodate people unable to attend a hearing or wishing to provide 
additional comments, NMFS also solicits written comments.

DATES: The public meeting will be held Monday, July 22, 1996, from 10 
a.m. to 4 p.m.

ADDRESSES: The public meeting will be held at the Holiday Inn, Logan 
Airport, 225 McClellan Highway, East Boston, MA (phone 617-569-5159). 
Written comments should be sent by August 9, 1996, to Will Martin, U.S. 
Commissioner to NAFO, National Oceanic and Atmospheric Administration, 
Herbert C. Hoover Building, Room 5809, 14th and Constitution Avenue, 
NW., Washington, D.C. 20230, with a copy to Dean Swanson, National 
Marine Fisheries Service, Room 14141, 1315 East-West Highway, Silver 
Spring, MD 20910.

FOR FURTHER INFORMATION CONTACT: Dean Swanson at 301-713-2276; Allen E. 
Peterson, Jr., at 508-548-5123, Ext. 367.

SUPPLEMENTARY INFORMATION: NOAA will host an informal meeting to review 
the United States accession to NAFO. Officials from NOAA and the U.S. 
Department of State will discuss steps that have been initiated to join 
NAFO and preparations for participation in the 18th Annual Meeting of 
NAFO, which will occur September 9-13, 1996, in St. Petersburg, Russia.
    All interested parties are invited to attend this informational 
meeting and provide comment. For those unable to attend, written 
comments may be submitted through August 9 (see ADDRESSES).
    The agenda for the public meeting is as follows:
    10:00 Registration (no charge)
    10:15 Welcome and Opening Remarks
    10:30 What is NAFO?
    10:45 U.S. Implementing Legislation
    11:00 Current Status of Appointments
    11:15 Schedule of Events
    11:30 U.S. Activities and Position
    12:30 Break
    1:30 Review of Morning Issues/Comments
    2:00 Comments/Discussion of possible U.S. Position
    3:40 Actions/Assignments
    4:00 Adjournment

    Dated: June 25, 1996.
Gary Matlock, Ph.D.,
Program Management Officer, National Marine Fisheries Service.
[FR Doc. 96-16788 Filed 7-1-96; 8:45 am]
BILLING CODE 3510-22-F
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 Greater Asia Realty Holdings, Ltd.
(the "Company") on Form 10-QSB for the quarter ending September 30, 2007, as
filed with the U.S. Securities and Exchange Commission on the date hereof (the
"Report"), I, Tay Chong Weng, Chief Executive Officer and Chief Financial
Officer of the Company, certify to the best of my knowledge, 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; and

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

A signed original of this written statement required by Section 906, another
document authenticating, acknowledging or otherwise adopting the signature that
appears in typed form within the electronic version of this written statement
required by Section 906, has been provided to the Company and will be retained
by the Company and furnished to the Securities and Exchange Commission or its
staff upon request.


/S/ TAY CHONG WENG
---------------------------------
By: Tay Chong Weng
Title: Chief Executive Officer,
Principal Financial Officer and Director

Dated: October 22, 2007
* 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 August 17, 2005 Charles R. Fulbruge III Clerk IN THE UNITED STATES COURT OF APPEALS

FOR THE FIFTH CIRCUIT

No. 04-41686 Conference Calendar

UNITED STATES OF AMERICA, Plaintiff-Appellee,

versus EDUARDO EFRAIN CHAVEZ, Defendant-Appellant.

-------------------- Appeal from the United States District Court for the Southern District of Texas USDC No. 5:04-CR-1215-ALL

-------------------- Before BENAVIDES, CLEMENT, and PRADO, Circuit Judges.
PER CURIAM: * Eduardo Efrain Chavez appeals his guilty-plea conviction and sentence for possession of more than 1,000 kilograms of marijuana with intent to distribute, in violation of 21 U.S.C. § 841(a) and (b)(1)(A). He argues that the sentencing provisions of 21 U.S.C. § 841(b) are unconstitutional in light of Apprendi v. New Jersey , 530 U.S. 466, 490 (2000) . Chavez concedes that his argument is foreclosed by our opinion in United States v. Slaughter , 238 F.3d 580, 581-82 (5th Cir. 2000). See United States v. ValenzuelaQuevedo , 407 F.3d 728, 731 (5th Cir. 2005), petition for cert.No. 04-41686 -2- filed (July 25, 2005)(No. 05-5556). He raises the issue only to preserve it for further review. Accordingly, Chavez’s argument is foreclosed, and the judgment of the district court is
AFFIRMED.
Administrative Office of the United States Courts FOR COURT USE ONLY

TRANSCRIPT ORDER

DUE DATE:

OAO 435

AZ Form (Rev. 1/2015)

1. NAME 2. PHONE NUMBER 3. DATE

4. FIRM NAME

5. MAILING ADDRESS 6. CITY 7. STATE 8. ZIP CODE

9. CASE NUMBER 10. JUDGE DATES OF PROCEEDINGS

11. 12. 

13. CASE NAME LOCATION OF PROCEEDINGS

14. 15. STATE

16. ORDER FOR

9 APPEAL 9 CRIMINAL

9 NON-APPEAL 9 CIVIL

9 CRIMINAL JUSTICE ACT

9 

IN FORMA PAUPERIS

BANKRUPTCY

OTHER (Specify)

17. TRANSCRIPT REQUESTED (Specify portion(s) and date(s) of proceeding(s) for which transcript is requested.)

PORTIONS DATE(S) PORTION(S) DATE(S)

9TESTIMONY (Specify)

9PRE-TRIAL PROCEEDING

9OTHER (Specify)

9VOIR DIRE

9OPENING STATEMENT (Plaintiff)

9OPENING STATEMENT (Defendant)

9CLOSING ARGUMENT (Plaintiff)

9CLOSING ARGUMENT (Defendant)

9OPINION OF COURT

9JURY INSTRUCTIONS

9SENTENCING

9BAIL HEARING

18. ORDER

CATEGORY

ORIGINAL + 1

(original to Court,

copy to ordering party)

FIRST

COPY

# OF

ADDITIONAL

COPIES

DELIVERY INSTRUCTIONS

(Check all that apply.)

ESTIMATED COSTS

30 DAYS 9 9 PAPER COPY

PDF (e-mail)

ASCII (e-mail)

14 DAYS 9 9

7 DAYS 9 9

DAILY 9 9

HOURLY 9 9

REALTIME 9 9

CERTIFICATION (19. & 20.)

By signing below, I certify that I will pay all charges

(deposit plus additional).

E-MAIL ADDRESS

NOTE: IF ORDERING MORE THAN ONE FORMAT, 

THERE WILL BE AN ADDITIONAL CHARGE.

19. SIGNATURE

20. DATE

TRANSCRIPT TO BE PREPARED BY

ESTIMATE TOTAL

PROCESSED BY PHONE NUMBER

ORDER RECEIVED DATE BY

DEPOSIT PAID DEPOSIT PAID

TRANSCRIPT ORDERED TOTAL CHARGES

TRANSCRIPT RECEIVED LESS DEPOSIT

ORDERING PARTY NOTIFIED

TO PICK UP TRANSCRIPT

TOTAL REFUNDED

PARTY RECEIVED TRANSCRIPT TOTAL DUE

DISTRIBUTION: COURT COPY TRANSCRIPTION COPY ORDER RECEIPT ORDER COPY

Case 2:18-cr-00422-DJH Document 350 Filed 10/19/18 Page 1 of 1
[Federal Register Volume 61, Number 126 (Friday, June 28, 1996)]
[Notices]
[Page 33706]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 96-16209]


-----------------------------------------------------------------------

DEPARTMENT OF AGRICULTURE
Grain Inspection, Packers and Stockyards Administration


Designation for the Georgia and Schneider (IN) Areas

AGENCY: Grain Inspection, Packers and Stockyards Administration 
(GIPSA).

ACTION: Notice.

-----------------------------------------------------------------------

SUMMARY: GIPSA announces the designation of the Georgia Department of 
Agriculture (Georgia), and Schneider Inspection Service, Inc. 
(Schneider), to provide official services under the United States Grain 
Standards Act, as amended (Act).

EFFECTIVE DATE: August 1, 1996.

ADDRESSES: USDA, GIPSA, FGIS, Janet M. Hart, Chief, Review Branch, 
Compliance Division, Ag Code 3604, 1400 Independence Ave. SW, 
Washington, DC 20250-3604.

FOR FURTHER INFORMATION CONTACT: Janet M. Hart, telephone 202-720-8525.

SUPPLEMENTARY INFORMATION:
    This action has been reviewed and determined not to be a rule or 
regulation as defined in Executive Order 12866 and Departmental 
Regulation 1512-1; therefore, the Executive Order and Departmental 
Regulation do not apply to this action.
    In the January 31, 1996, Federal Register (61 FR 3372), GIPSA asked 
persons interested in providing official services in the geographic 
areas assigned to Georgia and Schneider to submit an application for 
designation. Applications were due by February 28, 1996. Georgia and 
Schneider, the only applicants, each applied for designation to provide 
official services in the entire areas currently assigned to them.
    Since Georgia and Schneider were the only applicants, GIPSA did not 
ask for comments on the applicants.
    GIPSA evaluated all available information regarding the designation 
criteria in Section 7(f)(l)(A) of the Act; and according to Section 
7(f)(l)(B), determined that Georgia and Schneider are able to provide 
official services in the geographic areas for which they applied. 
Effective August 1, 1996, and ending July 31, 1999, Georgia and 
Schneider are designated to provide official services in the geographic 
areas specified in the January 31, 1996, Federal Register.
    Interested persons may obtain official services by contacting 
Georgia at 912-368-3130 and Schneider 219-992-2306.

    Authority: Pub. L. 94-582, 90 Stat. 2867, as amended (7 U.S.C. 
71 et seq.)

    Dated: June 14, 1996
Neil E. Porter
Director, Compliance Division
[FR Doc. 96-16209 Filed 6-27-96; 8:45 am]
BILLING CODE 3410-EN-F
#### Delmar D. WHITTLEY, Plaintiff/Respondent, v. CONOPCO, INC., d/b/a Lever Brothers Company, Defendant/Appellant.

No. 65549.

Missouri Court of Appeals, Eastern District, Division One.

Nov. 22, 1994.

Gerre Strehlman Langton, St. Louis, Robert F. D’Emilia, New York City, for appellant.

Delmar D. Whittley, pro se.

Before REINHARD, P.J., and GARY M. GAERTNER and CRAHAN, JJ.

*ORDER*

PER CURIAM.

Defendant, Conopeo, Inc., d/b/a Lever Brothers Co., appeals from the trial court’s entry of judgment in favor of Plaintiff upon trial de novo of a small claims court action.

We have reviewed the briefs of the parties and the legal file and find no error of law. An extended opinion would have no prece-dential value. We affirm the judgment pursuant to Rule 84.16(b).
I

104TH CONGRESS

2D SESSION H. R. 3633

To amend title XVIII and XIX of the Social Security Act to permit a

waiver of the prohibition of offering nurse aide training and competency

evaluation programs in certain nursing facilities.

IN THE HOUSE OF REPRESENTATIVES

JUNE 12, 1996

Mr. EHRLICH introduced the following bill; which was referred to the Committee on Ways and Means, and in addition to the Committee on Commerce,

for a period to be subsequently determined by the Speaker, in each case

for consideration of such provisions as fall within the jurisdiction of the

committee concerned

A BILL

To amend title XVIII and XIX of the Social Security Act

to permit a waiver of the prohibition of offering nurse

aide training and competency evaluation programs in

certain nursing facilities.

1 Be it enacted by the Senate and House of Representa2 tives of the United States of America in Congress assembled,
2

•HR 3633 IH

1 SECTION 1. PERMITTING WAIVER OF PROHIBITION OF OF2 FERING NURSE AIDE TRAINING AND COM3 PETENCY EVALUATION PROGRAMS IN CER4 TAIN FACILITIES.

5 Section 1819(f)(2) of the Social Security Act (42

6 U.S.C. 1395i–3(f)(2)) and section 1919(f)(2) of such Act

7 (42 U.S.C. 1396r(f)(2)) are each amended—

8 (1) in subparagraph (B)(iii), by inserting ‘‘sub9 ject to subparagraph (C),’’ after ‘‘(iii)’’; and

10 (2) by adding at the end the following new sub11 paragraph:

12 ‘‘(C) WAIVER AUTHORIZED.—Clause (iii)

13 of subparagraph (B) shall not apply to a pro14 gram offered in (but not by) a nursing facility

15 in a State if the State—

16 ‘‘(i) determines that there is no other

17 such program offered within a reasonable

18 distance of the facility,

19 ‘‘(ii) assures, through an oversight ef20 fort, that an adequate environment exists

21 for operating the program in the facility,

22 and

23 ‘‘(iii) provides notice of such deter24 mination and assurances to the State long25 term care ombudsman.’’.

Æ
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 accompanying Quarterly Report on Form 10-Q of Ecoland
International, Inc. for the fiscal quarter ending February 28, 2010, I, David
Wallace, Chief Financial Officer of Ecoland International, Inc., hereby certify
pursuant to 18 U.S.C. Section 1350, as adopted pursuant to Section 906 of the
Sarbanes-Oxley Act of 2002, to the best of my knowledge and belief,
that:




1.Such Quarterly Report on Form 10-Q for
the fiscal quarter ending February 28, 2010, 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 such
Quarterly Report on Form 10-Q for the fiscal quarter ending February 28, 2010,
fairly presents, in all material respects, the financial condition and results
of operations of Ecoland International, Inc.




Date:
April 12,
2010




/s/ David
      WallaceDavid
      Wallace, Chief Financial Officer of Ecoland
              International,
      Inc.
11 TH COURT OF APPEALS

EASTLAND

, TEXAS

JUDGMENT

Walter Byron Sexton

, * From the 29 th District Court

of Palo Pinto County,

Trial Court No. 16617

.

Vs. No. 11

- 1 8

- 00 278

- CR * September 12 , 201 9

The State of Texas

, * Per Curiam Memorandum Opinion

(P anel consists of: Bailey , C.J.,

Stretcher , J. , and Wright, S.C.J.,

sitting by assignment )

( Willson , J., not participating)

This court has inspected the record in this cause and concludes that there is

error in the judgment below. Therefore, in accordance with this court ’ s opi nion,

w e modify the judgment of the trial court to delete the “Restitution” of “ $180.00 ”

that was ordered to be paid to the “Texas DPS.” We affirm the judgment as

modified

.
#### STATE of Missouri, Respondent, v. Michael E. SIMS, Appellant. Michael SIMS, Appellant, v. STATE of Missouri, Respondent.

Nos. WD 47853, WD 49070.

Missouri Court of Appeals, Western District.

Nov. 22, 1994.

Rebecca L. Kurz, Asst. Appellate Defender, Kansas City, for appellant.

Philip M. Koppe, Asst. Atty. Gen., Kansas City, for respondent.

Before ULRICH, P.J., and KENNEDY and BERREY, JJ.

*ORDER*

PER CURIAM.

Consolidated appeal from conviction of forgery, section 570.090.1(4), RSMo 1986, and from denial of Rule 29.15 postconvietion motion.

The conviction is affirmed, and the denial of postconviction motion is affirmed. Rules 30.25(b) and 84.16(b). .