CASES
Criminal law -- Driving under influence -- Circuit court acting in its appellate capacity did not depart from essential requirements of law when it reversed DUI conviction and ordered new trial on ground that defense should have been permitted to offer expert testimony tending to show that defendant was not impaired at time of arrest, even though he had consumed alcohol before getting behind wheel -- State's petition for writ of certiorari denied Reported at 32 Fla. L. Weekly D2496b
Criminal law -- Juveniles -- Aggravated battery -- Evidence that juvenile punched co-worker in the eye,
fracturing right eye socket, necessitating reparative surgery, and resulting in continued double vision and
inability of co-worker to raise her right eye in its socket, was sufficient to demonstrate felony battery with great
bodily harm and possibly permanent disfigurement, but was not sufficient to support adjudication for
aggravated battery, which requires that harm be knowingly and intentionally caused -- While there was verbal
argument before juvenile struck victim, evidence indicated that punching of victim was quick, almost reflexive
response to victim's having thrown tea in juvenile's face -- Further, although the prosecutor used term
“aggravated battery” in her closing argument, she began her argument with recitation of elements
of lesser offense of felony battery, not aggravated battery, and failed to argue the specific-intent element of
aggravated battery -- Remand with instructions to reduce adjudication to one of felony
battery
Reported at
32 Fla. L. Weekly D2507a
Criminal law -- Probation revocation -- Habeas corpus -- Release pending revocation hearing -- Original
sentencing judge had authority to revoke bail set by first appearance
judge
Reported at
32 Fla. L. Weekly D2493a
Criminal law -- Probation -- Modification -- Trial court did not err in modifying defendant's probation to impose drug offender probation and to require electronic monitoring, even though defendant was on probation for a driving offense, not a sexual offense -- Section 948.063(1) clearly provides that trial court's obligation to require electronic monitoring after a revocation of probation is not dependent on whether the defendant was on probation for a sexual offense or some other felony -- Double jeopardy -- Trial court did not violate constitutional prohibition against double jeopardy by ordering electronic monitoring forty days after initial modification of defendant's probation -- Where a trial court fails to impose a mandatory penalty at original sentence, double jeopardy principles are not offended where trial court subsequently corrects the sentence by imposing omitted mandatory sanction -- Pursuant to Rule 3.800(c), trial court had authority to modify an incomplete sentence within sixty days of its imposition to include any provision of Chapter 948 which it failed to originally pronounce Reported at 32 Fla. L. Weekly D2493c
Criminal law -- Sentencing -- Correction -- Guidelines -- Scoresheet -- Primary offense of conspiracy to introduce marijuana into prison, a third-degree felony, was incorrectly scored as level-four offense instead of level-one offense -- Two additional offenses of solicitation to introduce marijuana should have been scored as level-one offenses, rather than level-two offenses -- Error cannot be considered harmless because maximum sentence under correctly calculated guidelines scoresheet is less than the sentence defendant is currently serving and plea agreement called for sentence within guidelinesReported at 32 Fla. L. Weekly D2501a
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Courthouse costs to be scrutinized
Shorstein says many have asked for more on lengthy project
By Mary Kelli Palka, The Times-Union
http://jacksonville.com/tu-online/stories/101907/met_209783190.shtml
A Duval County grand jury investigating possible Open Meeting violations and questionable city contracts has added a new avenue of inquiry to its agenda: a financial review of the new county courthouse.
The grand jury and State Attorney Harry Shorstein have received "numerous" requests from people wanting to know how much money has been spent on the courthouse project and what it paid for, Shorstein wrote in a letter to City Council Auditor Kirk Sherman.
The letter asked Sherman to provide that accounting.
City officials have said more than $60 million has been spent on the project, though the only construction has involved some site work and renovating the old federal courthouse and another downtown building that are expected to eventually house some courthouse functions. Some of that money has gone toward land acquisition.
Shorstein said Thursday he wanted a certified public accountant to perform the review because he felt it would be more accurate and easier to understand. He thought the council auditor was the appropriate person to do the job.
Shorstein emphasized that the letter to Sherman didn't indicate whether the grand jury is investigating the courthouse issue. He said the grand jury could release the report to the public or comment on its findings.
Sherman said he would provide the information.
"Obviously this is an open issue that we try to keep up with," Sherman said. "This works well for everybody."
Sherman said his office has been tracking the courthouse issue, and he'll work with the city's Public Works Department to gather updated details.
The request comes seven years after voters approved spending $190 million on a new courthouse complex as part of the Better Jacksonville Plan. It was supposed to be built in 2005.
The project cost estimates reached about $300 million, which prompted Mayor John Peyton to pull the plug on the initial plans in 2004.
Another attempt by a new design-build team, Auchter Perry-McCall, ended in early May after the city learned The Auchter Co. was having financial difficulties. The cost for the first phase, including a new criminal courthouse, was estimated at $256 million. But planned additions, including adding a civil courts building within a few years, were supposed to push the cost to about $390 million.
That doesn't include money already spent.
The city is negotiating with a new team, which includes Turner Construction Co. and KBJ Architects, to design and build the courthouse. The new team's early estimate was $280 million for a larger unified criminal and civil courthouse, with no need for immediate additions.
Courthouse costs to be scrutinized
Shorstein says many have asked for more on lengthy project
By Mary Kelli Palka, The Times-Union
A Duval County grand jury investigating possible Open Meeting violations and questionable city contracts has added a new avenue of inquiry to its agenda: a financial review of the new county courthouse.
The grand jury and State Attorney Harry Shorstein have received "numerous" requests from people wanting to know how much money has been spent on the courthouse project and what it paid for, Shorstein wrote in a letter to City Council Auditor Kirk Sherman.
The letter asked Sherman to provide that accounting.
City officials have said more than $60 million has been spent on the project, though the only construction has involved some site work and renovating the old federal courthouse and another downtown building that are expected to eventually house some courthouse functions. Some of that money has gone toward land acquisition.
Shorstein said Thursday he wanted a certified public accountant to perform the review because he felt it would be more accurate and easier to understand. He thought the council auditor was the appropriate person to do the job.
Shorstein emphasized that the letter to Sherman didn't indicate whether the grand jury is investigating the courthouse issue. He said the grand jury could release the report to the public or comment on its findings.
Sherman said he would provide the information.
"Obviously this is an open issue that we try to keep up with," Sherman said. "This works well for everybody."
Sherman said his office has been tracking the courthouse issue, and he'll work with the city's Public Works Department to gather updated details.
The request comes seven years after voters approved spending $190 million on a new courthouse complex as part of the Better Jacksonville Plan. It was supposed to be built in 2005.
The project cost estimates reached about $300 million, which prompted Mayor John Peyton to pull the plug on the initial plans in 2004.
Another attempt by a new design-build team, Auchter Perry-McCall, ended in early May after the city learned The Auchter Co. was having financial difficulties. The cost for the first phase, including a new criminal courthouse, was estimated at $256 million. But planned additions, including adding a civil courts building within a few years, were supposed to push the cost to about $390 million.
That doesn't include money already spent.
The city is negotiating with a new team, which includes Turner Construction Co. and KBJ Architects, to design and build the courthouse. The new team's early estimate was $280 million for a larger unified criminal and civil courthouse, with no need for immediate additions.
Times-Union writer Beth Kormanik contributed to this report.
http://www.sun-sentinel.com/news/local/broward/sfl-flbcoparrest1020pnoct20,0,5804310.story