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Editorial Information: Prior HistoryDouglas Sherman, Bartow, for Appellee. bankruptcy law firm orlando    Editorial Information: Prior HistoryOVERVIEW: Appellant pled no contest to charges of sale and possession of cocaine. He also admitted to violating probation in two earlier cases. The trial court declared appellant a habitual felony offender and imposed enhanced penalties on each charge, resulting in a combined sentence of 45 consecutive years in prison. On appeal, appellant contended that he was not given a notice of intent to habitualize. The court held that appellant could not be habitualized the trial court giving him a written notice of its intent to habitualize. It also held that the trial court committed an error by failing to confirm that appellant was personally aware of the possibility and reasonable consequences of habitualization. The court vacated the enhanced sentences and remanded for resentencing within the guidelines. cheap bankruptcylawyer florida

Monica J. Sadler, Petitioner v. Illinois Commerce Commission, et al.Each state and county judge is a committing judge and may issue a summons to, or a warrant for the arrest of, a person against whom a complaint is made in writing and sworn to before a person authorized to administer oaths, when the complaint states facts that show that such person violated a criminal law of this state within the jurisdiction of the judge to whom the complaint is presented. The judge may take testimony under oath to determine if there is reasonable ground to believe the complaint is true.(Emphasis added). The committee notes appended to this rule state that in 1972 the rule was "[a]ltered to incorporate the provision for testimony under oath formerly contained in rule 3.121(a), and authorize 914 So. 2d 1020 the execution of the affidavit before a notary or other person authorized to administer oaths." In Kephart v. Regier,  2005 Fla. LEXIS 544, 30 Fla. L. Weekly S 182 (Fla. Mar. 24, 2005), the court reiterated that the requirements of Rule 3.120, which requires the oath be administered by a person authorized to administer oaths, conforms to the constitutional dictates previously mentioned: bankruptcy lawyers orlando    Legal Ethics > Sanctions > DisbarmentsLexisNexis Headnotes bankruptcy help orlando florida

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