Amendments to 831.08

1. United States v. Medina–Torres

   703 F.3d 770 (5th Cir. 2012)   Cited 15 times

   Medina–Torres timely appealed the sentence. He argues that the district court erred when it applied the eight-level aggravated felony enhancement under § 2L1.2(b)(1)(C) of the Guidelines based on his 2007 Florida conviction for grand theft of a motor vehicle. On appeal for the first time, the government asserts an alternative ground for the sentence enhancement. In 2004, Medina–Torres was arrested after a traffic stop; it was revealed that the vehicle he was driving contained illegal drugs and counterfeit currency in violation of Florida Statutes section 831.08. Medina–Torres pleaded guilty to the charge. A court sentenced him to six months' imprisonment followed by five years' probation. Medina–Torres violated the terms of his probation and as a result was sentenced to an additional 51 weeks' imprisonment. However, the government did not list this conviction as a grounds for enhancing his sentence in Medina–Torres' PSR, and the district court did not rely on it.

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2. Sprott v. State

   99 So. 3d 634 (Fla. Dist. Ct. App. 2012)   Cited 5 times

   Appellant pled nolo contendere to the counts of forgery (uttering a forged bill), possession of forged notes or bills, an attempted scheme to defraud, and possession of a forged, stolen or fictitious driver's license—all third-degree felonies. See §§ 831.09; 831.08; 817.034(4) & 777.04; 322.212(1), Fla. Stat. (2011). On his Criminal Punishment Code scoresheet, appellant scored twenty “total sentencing points,” corresponding to a mandatory nonstate prison sanction under section 775.082(10), Florida Statutes (2011). Nevertheless, that section authorizes the trial court to impose a prison sentence if it makes written findings “that a nonstate prison sanction could present a danger to the public.” § 775.082, Fla. Stat. (2011). The trial court did so in appellant's case and imposed a sentence of twenty-four months' imprisonment. Now, on appeal, appellant contends his prison sentence violates Apprendi and Blakely because it exceeds the maximum sentence the trial court could impose under section 775.082(10), based on facts neither admitted to by appellant nor as found by a jury. Alternatively, appellant contends the trial court erred in imposing a prison sentence because the…

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3. Green v. State

   18 So. 3d 656 (Fla. Dist. Ct. App. 2009)   Cited 9 times

   Green was convicted after jury trial of trafficking in cocaine in an amount of 28 grams or more but less than 200 grams in violation of section 893.135(1)(b)(1)(a), Florida Statutes (2003); misdemeanor possession of cannabis in violation of section 893.13(6)(b); and possession of ten or more counterfeit bills in violation of section 831.08, Florida Statutes (2003). The offense of trafficking in cocaine was reclassified from a first-degree felony to a life felony pursuant to section 775.087(1)(a), Florida Statutes Section 775.087(1)(a) provides for reclassification of the level of the offense where the defendant is convicted of a felony, except a felony where the use of a firearm or weapon is an essential element of the offense, and during the commission of the felony he carries, displays, uses, threatens to use, or attempts to use any weapon or firearm. The judgment and sentences were affirmed on direct appeal. Green v. State, 940 So.2d 431 (Fla. 2d DCA 2006) (table decision).

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4. K.R. v. C.N

   969 A.2d 257 (D.C. 2009)   Cited 2 times

   In response to what the Council of the District of Columbia viewed as the "substantial uncertainty" created by W.D. v.C.S.M. about whether "persons other than parents [could] seek custody of a child when in the child's best interest," the Council enacted the Safe and Stable Homes for Children and Youth Amendment Act of 2007, which became effective on September 20, 2007. See D.C. Code §§ 16-831.01-.13 (2008 Supp.). This Act established a "rebuttable presumption . . . that custody with the parent is in the child's best interests." Id. § 16-831.05(a). Nonetheless, it also gave standing to file a custody action to a third party "with whom a child has established a strong emotional tie" and "who has assumed parental responsibilities." Council Report at 4. It chose the "best interest of the child" standard for determining whether custody to a third party should be awarded. See D.C. Code § 16-831.05, -831.08 (2008 Supp.).

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5. United States v. Wannakuwatte

   2:14-CR-00067 TLN (E.D. Cal. Aug. 1, 2014)

   36. Cash value of Nationwide life insurance policy number N100446510, held in the name Deepal and Betsy Wannakuwatte Irrevocable Trust, valued at approximately $24, 831.08;
6. State v. La Pointe

   345 So. 2d 362 (Fla. Dist. Ct. App. 1977)   Cited 3 times

   • Motion to dismiss

   "It is Ordered and Adjudged that the Defendants' Motion to Dismiss counts I through XXXVII is hereby granted on the grounds that a ticket of admission to a sporting event is not a `receipt for money' or other writing mentioned in Section 831.01, Florida Statutes, nor is it `a note' or other writing payable to the bearer thereof as required by Section 831.08, Florida Statutes."

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7. United States v. Wannakuwatte

   2:14-CR-00067 TLN (E.D. Cal. Jan. 13, 2015)

   jj. Cash value of Nationwide life insurance policy number N100446510, held in the name Deepal and Betsy Wannakuwatte Irrevocable Trust, valued at approximately $24, 831.08;
8. United States v. Wannakuwatte

   2:14-CR-00067 TLN (E.D. Cal. May. 18, 2015)

   1 more...

   36. Cash value of Nationwide life insurance policy number N100446510, held in the name Deepal and Betsy Wannakuwatte Irrevocable Trust, valued at approximately $24, 831.08;
9. United States v. Wannakuwatte

   2:14-CR-00067 TLN (E.D. Cal. Mar. 26, 2015)

   36. Cash value of Nationwide life insurance policy number N100446510, held in the name Deepal and Betsy Wannakuwatte Irrevocable Trust, valued at approximately $24, 831.08;
10. United States v. Wannakuwatte

    2:14-CR-00067 TLN (E.D. Cal. May. 13, 2015)

    1 more...

    36. Cash value of Nationwide life insurance policy number N100446510, held in the name Deepal and Betsy Wannakuwatte Irrevocable Trust, valued at approximately $24, 831.08;