Legal Document: BRAZILL #W16443, NATHANIEL R. vs. FLORIDA DEPARTMENT OF CORRECTIONS

On June 16, 108 a was filed involving a dispute between Brazill #W16443, Nathaniel R., and Florida Department Of Corrections, for Inmate Tort Complaint in the District Court of Charlotte County.

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PROVIDED TO
CHARLOTTE Cl
Nathaniel R. Brazill, DC# W16443
Charlotte Correctional Institution
33123 Oil Well Road
Punta Gorda, FL 33955-9701
Wednesday, July 25, 2018

Clerk of the Court
Charlotte County Justice Center
350 East Marion Ave.
Punta Gorda, FL 33950

RE: Nathaniel R. Brazill v. F.D.O.C.
Case No.: 17-0596-CA

Dear Court Clerk:

Please docket and file the enclosed Plaintiffs Motion for Partial Summary
Judgment with Exhibits to the above referenced case file.

Thank you,

Wilbeul Ro Brak
Nathaniel R. Brazill ss
Plaintiff, Pro Se. os
“Ty
2
Enclosure: As stated.
aK
ee
on
wo
IN THE CIRCUIT COURT OF THE TWENTIETH JUDICIAL CIRCUIT
IN AND FOR CHARLOTTE COUNTY, FLORIDA

NATHANIEL R. BRAZILL,
Plaintiff,

Vv. Case No.: 17-0596-CA

FLORIDA DEPARTMENT OF
CORRECTIONS,
Defendant.

PLAINTIFF’S MOTION FOR PARTIAL SUMMARY JUDGMENT

COMES NOW the Plaintiff, Nathaniel R. Brazill, in propria persona, and pursuant to

Rule 1.510 of the Florida Rules of Civil Procedure (2018) hereby moves this Honorable Court to

grant partial summary judgment, to-wit: (1) dismissing the counterclaim of Defendant Florida

Department of Corrections. In support thereof, Plaintiff argues the following:

BACKGROUND

1.) Plaintiff was charged by Indictment in Palm Beach County Circuit Court Case Number

00-6385-CF on June 12, 2000. (Ex. A, 92; Ex. A-i).

2.) Plaintiff was convicted by a jury in Palm Beach County Circuit Court Case Number 00-

6385-CF on May 16, 2001. (Ex. A, 93; Ex. A-ii).

3.) Plaintiff was sentenced in Palm Beach County Circuit Court Case Number 00-6385-CF to

28-years in the Florida Department of Corrections by Circuit Judge Richard I. Wennett on July

27, 2001. (Ex. A, 9 4; Ex. A-iii).

4.) On July 5, 2017, Plaintiff initiated this action by filing a one-claim negligence Complaint

against Defendant Florida Department of Corrections.
5.) This case is presently proceeding on Plaintiff's Amended Complaint.

6.) On February 8, 2018, Defendant filed a counterclaim (hereinafter “Answer and

Counterclaim”) for costs of incarceration against Plaintiff.

7.) Defendant seeks a civil restitution lien of $511,350.00 against Plaintiff under §§960.293

and 960.297, Fla. Stat., for Plaintiff's costs of incarceration.

8.) Plaintiff now moves for partial summary judgment on Defendant’s counterclaim.

SUMMARY JUDGMENT STANDARD

The law is well settled in Florida that a party moving for summary judgment must show

conclusively the absence of any genuine issue of material fact and the court must draw every

possible inference in favor of the party to whom a summary judgment is sought. Morris _v.

Morris, 475 So.2d 666, 668 (Fla. 1985)(citations omitted). A summary judgment should not be

granted unless the facts are so crystallized that nothing remains but questions of law. Ibid. at 668.

ARGUMENT

I DEFENDANT FLORIDA DEPARTMENT OF CORRECTIONS’ COUNTERCLAIM IS
BARRED BY THE STATUTE OF LIMITATIONS

Counterclaim by Defendant Florida Department of Corrections must be dismissed as

barred by the statute of limitations where counterclaim is filed more than 16-years after the last

element of the cause of action occurred. As the statute of limitations elapsed more than 12-years

prior to the filing of the counterclaim by Defendant, counterclaim for restitution lien order

against prisoner Plaintiff is barred.

Plaintiff's Motion for Partial Summary Judgment
Page 2 of 8
A. Liability for Costs of Incarceration

An offender’s liability for the costs of incarceration exists as a matter of law upon the

offender’s conviction. §§960.292(1), 960.293(2), Fla. Stat. (2000). The existence of the liability

is created by section 960.292, which states in pertinent part:

(1) Upon conviction, the convicted offender shall incur civil
liability for damages and losses to crime victims, the state, its local
subdivisions, and aggrieved parties as set forth in s. 960.293. The
conviction shall estop the convicted offender from denying the
essential allegations of that offense in any subsequent proceedings.

§960.292(1), Fla. Stat. (2000).
The amount of the liability is established by section 960.293, which provides in pertinent

part:

(2) Upon conviction, a convicted offender is liable to the state and
its local subdivisions for damages and losses for incarceration
costs and other correctional costs.

* * *

(b) If the conviction is for an offense other than a capital or life
felony, a liquidated damage amount of $50 per day of the
convicted offender’s sentence shall be assessed against the
convicted offender and in favor of the state or its local
subdivisions.

§ 960.293(2)(b), Fla. Stat. (2000).
B. Application of Statute of Limitations

Section 95.011 provides that a “civil action including one brought by the state ...

shall be barred unless begun within the time prescribed in this chapter or, if a different time is

prescribed elsewhere in these statutes, within the time prescribed elsewhere.” §95.011, Fla. Stat.

(2000) (Emphasis added). Section 95.11(3)(f) provides that a four-year statute of limitation

applies to “[a]n action founded on a statutory liability.” §95.11(3)(f), Fla. Stat. (2000). Under

Plaintiff's Motion for Partial Summary Judgment
Page 3 of 8
section 95.031(1), a statute of limitations begins to run when the last element of the cause of

action occurs. §95.031(1), Fla. Stat. (2000). By the terms of section 960.293(2), an offender’s

conviction is the last element of the action to occur. §960.293(2), Fla. Stat. (2000); Smith v. Fla.

Dep’t. of Corr., 27 So.3d 124, 127 (Fla. 1st DCA 2010). The filing of an action as a counterclaim

is not affected by the statute of limitations as the counterclaim is a permissive one under Fla. R.

Civ. P. 1.170(b) because it did not arise out the same transaction or occurrence giving rise to

Plaintiff's complaint. Id. at 127.

In this case, Plaintiff was convicted by a jury on May 16, 2001.' Ex. A, 3; Ex. A-ii.

Thus, the statute of limitations to assert a claim or counterclaim against Plaintiff began to run on

May 16, 2001 — the date of Plaintiff's conviction. See §§960.292(1), 960.293(2), Fla. Stat.

(2000). Because section 960.297 in effect at the time of Plaintiff's conviction did not prescribe a

time period within which to bring an action under the statute, the four-year statute of limitations

in section 95.11(3)(f) applies. Smith, id. at 127; see also Joshua v. City of Gainesville, 768 So.2d

432 (Fla. 2000) (holding that general statute of limitations applied where statutory subsection on

which claim was based did not specify limitations period). Defendant failed to pursue the

counterclaim within the applicable limitations period. Thus, Plaintiff is immune from suit for a

civil restitution lien order as there is not a law that precludes the application of the statute of

limitations. The failure to apply the applicable statute of limitations would have the effect of

extending the limitation indefinitely and would make what was intended to be a limitation no

limitation at all.

' In its counterclaim, Defendant posits that Plaintiff was convicted on July 27, 2001. (Answer and Counterclaim, p.
8, 6). The actual date of Plaintiff's conviction is not dispositive and does not affect the outcome of this issue.

Plaintiff's Motion for Partial Summary Judgment
Page 4 of 8
C. 2009 Change in Law

The Florida Legislature amended section 960.297 in 2009 to prescribe a specific statute

of limitations for actions to recover incarceration costs. Smith, id. at 128. The 2009 amendment

took effect on July 1, 2009, and eliminated the limitations bar previously imposed by section

95.11(3)(f). See Ch. 2009-63, §17, Laws of Fla.; 960.297(3), Fla. Stat. (2009) (“Civil actions

authorized by this section may be commenced at any time during the offender’s incarceration

and up to 5 years after the date of the offender’s release from incarceration or supervision,

whichever occurs later.”)(Attached at Exhibit B, p. 11-12). However, the Legislature did not

make the amendment to section 960.297 retroactive in its application and applying the 2009

amendment to that provision would not affect the outcome in this case. This is so because by the

time the 2009 amendment to section 960.297(3) took effect to eliminate the limitations bar

previously imposed by section 95.11(3)(f), Defendant’s claim had long since expired. Florida’s

statute of limitations, section 95.011, bars all actions unless commenced within designated times.

§95.011, Fla. Stat. (2000); Wiley v. Roof, 641 So.2d 66, 68 (Fla. 1994). Once barred, the

Legislature cannot subsequently declare that “we change our mind on this type of claim” and

then resurrect it. Wiley, id. at 68. Once an action is barred, a property right to be free from a

claim has accrued. Id. As the Florida Supreme Court noted in In re Estate of Smith, 685 So.2d

1206 (Fla. 1996), “[o]nce a claim has been extinguished by the applicable statute of limitations,

the claim cannot be revived because a constitutionally protected property right to be free from

the claim has vested in the defendant.” Id. at 1210; see also Wiley, id. at 68 (“The Legislature

has the power to increase a prescribed period of limitation and to make it applicable to existing

causes of action provided the change in law is effective before the cause of action is extinguished

Plaintiff's Motion for Partial Summary Judgment
Page 5 of 8
by the force of a pre-existing statute.”) (quoting Walter Denson & Son v. Nelson, 88 So.2d 120,

122 (Fla. 1956) (emphasis supplied)).

Thus, while section 960.297(3) was added in 2009 to eliminate the four year statute of

limitations imposed by section 95.11(3)(f), this amendment is inapplicable in this case as the

statute of limitations had already expire by the time the amendment became law. Defendant

concedes that Plaintiff was convicted in 2001. (Answer and Counterclaim, p. 8, 46-7). Moreover,

this case involves a civil restitution order sought by a counterclaim filed pursuant to section

960.297(1), and not a civil restitution lien sought in the sentencing court under section

960.292(2). As the First District observed in Smith, “[t]his distinction is significant because as a

civil action, the counterclaim is subject to the provisions of chapter 95 [of the Florida Statutes]

and the rules of civil procedure.” 27 So.3d at 127.

The case at bar is analogous to Smith, supra. In Smith, the inmate was convicted in 1998.

27 So.3d_ at 125. In 2005, the inmate filed a negligence suit against DOC. Id. In 2006, DOC filed

an answer and a counterclaim against the inmate for the costs of incarceration. Id. at 125-26. The

inmate sought partial summary judgment arguing that the counterclaim was barred by the statute

of limitations. Id. at 126. The trial court denied the motion and entered a civil restitution lien

against the inmate. Id. On appeal, the First District “conclude[d] that the counterclaim asserted

by DOC was barred by the statute of limitations and reverse[d] the trial court’s denial of the

inmate’s motion for summary judgment on that ground.” Id. As Smith is directly on point, the

same conclusion of law applies here.

Therefore, as Defendant’s counterclaim against Plaintiff for money damages and a civil

restitution lien order is barred by the expiration of the statute of limitations where counterclaim

Plaintiff's Motion for Partial Summary Judgment
Page 6 of 8
was filed 12-years after statute of limitation elapsed, Defendant cannot maintain counterclaim

against immune Plaintiff for civil restitution lien order.

CONCLUSION

In sum, Defendant Florida Department of Corrections cannot maintain a cause of action

against Plaintiff where the statute of limitations for its counterclaim expired in 2005. Thus,

Plaintiff is entitled to partial summary judgment on Defendant’s counterclaim for civil restitution

lien order.

WHEREFORE, based on the foregoing facts, arguments, and authorities, Plaintiff prays

this Honorable Court will issue an order dismissing counterclaim of Defendant Florida

Department of Corrections against Plaintiff.

Signed on this_225' day of July, 2018.

Respectfully submitted,

Nathaniel R. Brazill
DC# W16443
Charlotte Correctional Institution
33123 Oil Well Road
Punta Gorda, FL 33955-9701
Plaintiff, Pro Se

Plaintiff's Motion for Partial Summary Judgment
Page 7 of 8
CERTIFICATE OF SERVICE

I HEREBY CERTIFY that a true and correct copy of the foregoing Plaintiff Motion for

Partial Summary Judgment has been sent via pre-paid First Class U.S. mail to Senior Assistant

Attorney General Anne F. McDonough at the Office of the Attorney General, 501 E. Kennedy

Blvd., Ste. 1100, Tampa, FL 33602-5242, on this the ast day of July, 2018.

Respectfully submitted,

Watlsaul A. Brag
Nathaniel R. Brazill
Plaintiff, Pro Se

Plaintiff's Motion for Partial Summary Judgment
Page 8 of 8
IN THE CIRCUIT COURT OF THE TWENTIETH JUDICIAL CIRCUIT
IN AND FOR CHARLOTTE COUNTY, FLORIDA
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NATHANIEL R. BRAZILL,
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Plaintiff,
v. Case No.: 17-0596-CA

FLORIDA DEPARTMENT
OF CORRECTIONS,
Defendant.

PLAINTIFF NATHANIEL R. BRAZILL’S AFFIDAVIT
IN SUPPORT OF PARTIAL SUMMARY JUDGMENT

STATE OF FLORIDA )
COUNTY OF CHARLOTTE )

I am the Plaintiff in the above styled cause and the facts stated in this affidavit are known

by me to be true based upon my own personal knowledge.

1.) Iam over the age of twenty-one years, and I am competent to testify as to the facts

stated in this affidavit.

2.) On June 12, 2000, I was charged by Indictment in Palm Beach County Circuit Court

Case Number 00-6385-CF. (A copy of the Indictment is attached hereto as Exhibit A-i).

3.) On May 16, 2001, I was convicted by a jury in Palm Beach County Circuit Court Case

Number 00-6385-CF. (A copy of the Verdict is attached hereto as Exhibit A-ii).

4.) On July 27, 2001, I was sentenced by Palm Beach County Circuit Judge Richard I.

Wennett to 28-years in the Florida Department of Corrections in Palm Beach County Case

Number 00-6385-CF. (A copy of the Judgment and Sentence is attached hereto as Exhibit A-iii).
Catia
5.) I have never been convicted in any other case in the State of Florida.

6.) The foregoing facts are known by me to be true from my own personal knowledge and

I am competent to testify to such facts and would so testify if I appeared in court in this matter.

ANYTHING FURTHER AFFIANT SAYETH NAUGHT.

NOTARIZED OATH

UNDER PENALTY OF PERJURY, I, Nathaniel R. Brazill, declare that the facts stated

in the foregoing Affidavit are true.

Uitlautl 2. bil
Pr
Nathaniel R. Brazill
Plaintiff/A ffiant
D.0-c FET
DH wie4y4r% PROVIDED TO
CHARLOTTE Cl
STATE OF FLORIDA )
COUNTY OF CHARLOTTE )
SWORN TO AND SUBSCRIBED before me, the undersigned public notary, on this

aS day of July, 2018, by Nathaniel R. Brazill, who produced a Florida Department of

Corrections photo ID card as identification, and who did take an oath.

WITNESS MY HAND AND SEAL: Seal of Notary Public
Notary Pubic State of Florida
:eae 3 Peter Vartiainen
My Commission GG 170545
wee Expires 04/20/2022

Affidavit of Nathaniel R. Brazill
Page 2 of 2
O0- C3FS
CE A0P-V
INDICTMENT
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ATRUE BILL
Sen
IN THE NAME OF AND BY THE AUTHORITY OF THE STATE OF FLO!
nN
IN THE CIRCUIT COURT OF THE FIFTEENTH JUDICIAL m
CIRCUIT OF THE STATE OF FLORIDA
Poo We
For Palm Beach County, at the Spring Term thereof, in the year of our Lord Two Thousand, gswit3Th ie Grand,
“4
Jurors of the State of Florida, inquiring in and for the body of said County of Palm Beach, upon their oathsdi 0
present that NATHANIEL R. BRAZILL, in the County of Paim Beach aforesaid, in the Circuit and State aforesaid,

COUNT ONE
FIRST DEGREE MURDER WITH A FIREARM

on or about the 26" day of May in the year of our Lord Two Thousand, did unlawfully from a premeditated design

to effect the death of a human being, kill and murder BARRY L. GRUNOW, a human being by shooting BARRY

L. GRUNOW, and in the commission of said offense did use and have in his possession a handgun, a firearm as

defined in Florida Statute 790.001(6), contrary to Florida Statute 782.04(1)(a) and 775.087(1)(2). (CAPITAL
FELONY)

COUNT TWO
AGGRAVATED ASSAULT WITH A FIREARM

The Grand Jurors of the State of Florida, inquiring in and for the body of said County of Palm Beach, upon their

oaths do present that NATHANIEL R. BRAZILL on or about May 26, 2000, in Palm Beach County, Florida, while

in, possession of a firearm, did intentionally and unlawfully threaten by word or act to do violence to the person of

JOHN JAMES, coupled with an apparent ability to do so, and did point a handgun at JOHN JAMES which created

a well-founded fear in JOHN JAMES that such violence was imminent, and further did commit the assault with a

handgun a firearm and deadly weapon, contrary to Florida Statutes 784.021(1)(a) and 775.087(2). (3 DEG FEL)

EXHIBIT
A-i
6001
Page 2 .
»
Indictment
State of Florida v. Nathaniel R. Brazil

against the form of the statute, to the evil example of all others, and against the peace and dignity of the State of

Florida.

! hereby certify that | have advised the Grand Jury returning this indictment as authorized and required by law.

fies
int State Attomey of the T
eenth Judicial Circuit of the State
Florida, prosecuting for the said
State

ND JURY FOREPERSO)

gee eve
Nathaniel R. Brazill, Race: Black, Sex: Male, DOB: September 22, 1986, SS#: Unknown; Issue Warrant

C002
€
IN THE CIRCUIT COURT OF THE FIFTEENTH
JUDICIAL CIRCUIT, CRIMINAL DIVISION
IN AND FOR PALM BEACH COUNTY, FLORIDA

CASE NO. 00-06385-CF AO2. Div"v"

STATE OF FLORIDA

vs.

NATHANIEL BRAZILL,

Defendant. FILED
MAY 16 2001
VERDIC DOROTHY H. WILKEN, CLERK
CIRCUIT & COUNTY COURTS
(CRIM. Div)
WE, THE JURY, FIND as follows:

As to Count I, we find the Defendant

Guilty of First Degree Murder with a Firearm, as charged in the Indictment.

(If you find the Defendant guilty of First Degree Murder with a Firearm,
then you must check one or both of the following.)

We find the Defendant guilty of First Degree Premeditated Murder.

Yes — No

We find the Defendant guilty of First Degree Felony Murder.
ae
Yes ——_ No

Guilty of Second Degree Murder with a Firearm, a lesser included offense,
as contained in the Indictment. -

We find that the Defendant possessed, carried and fired a firearm in
committing Second Degree Murder.

x” Yes —— No
| EXHIBIT :
i A-ii |
0637
te
¢é
Guilty of Third Degree Murder with a Firearm, a lesser included offense,
as contained in the Indictment.

We find that the Defendant possessed, carried and fired a firearm in
committing Third Degree Murder.

—— Yes No

Guilty of Manslaughter with a Firearm, a lesser included offense, as
contained in the Indictment.

We find that the Defendant possessed, carried and fired a
firearm in committing Manslaughter.

Yes No

Guilty of Aggravated Battery with a Firearm, a lesser included offense, as
contained in the Indictment.

We find that the Defendant possessed, carried and fired a
firearm in committing Aggravated Battery.

Yes —. No

Guilty of Aggravated Assault with a Firearm, a lesser included offense, as
contained in the Indictment.

We find that the Defendant possessed, carried and fired a firearm in
a committing Aggravated Assault.

Yes — No

Not Guilty.

0638
6 ¢
As to Count Il, we find the Defendant

XxX Guilty of Aggravated Assault with a Firearm, as charged in the Indictment.
gh
We find that the Defendant possess: ed,“carried and fired a firearm in
committing Aggravated Assault.

x Yes — No

Not Guilty.

SO SAY WE ALL, this_£@7/_ day of May, 2001, in West Palm Beach, Palm
Beach County, Florida.

0639
.

>
:

95 od
IN THE CRIMINAL DIVISION OF THE CIRCUIT COURT OF THE
FIFTEENTH JUDICIAL CIRCUIT OF FLORIDA.
Aug-07-2601 18:41an @1— 33901. :=
“IN AND FOR PALM BEACH COUNTY OR! 12796 Po 17 4Ee
DOROTHY H. WILKEN, CLI ERK PB COUNT
caseno. OO ~ 6385(CF ACR DIv.. Y JAR HE WRNIE Ae ea
OBTS NUMBER

STATE OF FLORIDA {] COMMUNITY
CONTROL
VIOLATOR

1 PROBATION

# B
DEFENDANT
tf I
VIOLATOR

Vaalen
DATE OF BIRTH
B,
RACE
Mm
GENDER SOCIAL SECURITY NUMBER

JUDGMENT

The above Defendant, bein; rsonally before this Court represented by obegt ell és (atorne
Having been tried and found guilty of (1) Having entered a plea of guilty to t) Having entered a plea of nolo
the following crime(s): the following crime(s):, contendere to the following
crime(s): ===
a —= ——=
COUNT CRIME OFFENSE STATUTE NUMBER(S) DEGREE
SEC YONG ROY dee KA Ly 283 VY VV IPS OF Poe
Aae RA Are Alt Lope
ROBE, PEL OD) 295.087 | B°F
Y)

1. <= J

x and no cause having been shown why the Defendant should not be adjudicated guilty,
ADJUDICATED GUILTY of the above crime(s).
IT IS ORDERED THAT the Defendant is hereby

t) and having been convicted or found guilty of, or having entered a pleu of nolo contendere or guilty.regardless of adjudication, to attempts of
offenses relating to sexual battery (ch. 794), lewd and lascivious conduct (ch. 800), or murder (s. 782.04). aggravated battery (s. 784.045),
burglary (s. $10.02). carjacking (s. 812.133), or home invasion robbery (s. 812.135). or any other Off peETES in section 943.325. the
defendant shall be required to submit blood specimens.
] and good cause being shown: IT IS ORDERED THAT ADJUDICATION OF GUILT BE WITHHGLAL 2 7.2001
[. } The Court hereby stays and withholds imposition of sentence as to counts) seaport atl stent N, , CLERK
cu
SENTENCE
STAYED { ] Probation and/or { ] Community Control under the supervision of 1 fron HS of probation
set forth in separate order). Pe BW,
SENTENCE
DEFERRED [_ ] The Court hereby defers imposition of sentence until EXHIBIT

a
eee
The Defendant in Open Court was advised of his right to appeal from the Judgment by filing notice of appeal with the Clerk of Cour,
following the date sgptence
is imposed or probation is ordered pursuant to this adjudication. The defendant was also advised of his rig
A- 1
of counsel in ts ase of the State upon showing of indigency.

DONE AN) EL! im fon Coy Ft this. o 2 A ay of J a SO
1 wetl
~

IN THE orci COURT OF THE FIFTEENTH uN CIRCUIT,
IN AND FOR PALM BEACH COUNTY, FLORIDA

SENTENCE

(As to Count(s)_ )
Defendant Oathaniel Benz li_
Case Number Q6- &3ager ABQ.
OBTS Number

epee Ue eee before this Cc ‘ourt, accompanied by the defendant’s attorney of record,
, and having been a dj )judicated guilty herein, and the Court havin
the Defendant an opportunity to be‘heard and to offer matters in mitigation of sentence, and to g giver
show cause why
defendant should not be sentenced as provided by law, and no cause being shown,

IT IS THE SENTENCE OF THE COURT that:

The Defendant pay a fine of $. pursuant to § + Florida Statutes, plus all costs and additional
charges as outlined in the Order assessing additional charges, costs and fines as set forth in a separate
order entered
rerein
FILED
The Defendant is hereby committed to the custody of the JUL 27.2001
Department of Corrections
( ] Sheriff of Patm Beach County, Florida
DOROTHY H. WILKEN, CLERK
CIRCUIT & COUNTY COURTS
[ ] Department of Corrections as a youthful offender (CRIM. DIV.)
‘or a term of . It is further ordered that the Defendant shall be allowed
otalof YAS 7 days asc d it for time incarcerated p1 rior to imposition of this sentence. It is further ordered
tr
he composite term of all sentences imposed for the counts specified in the order shall run
{ ] consecutive to concurrent with (check one) the following:
{J Any active sentence tay see
Specific sentences:
n the event the above sentence is to the Department of Corrections, the Sheriff of Palm Beach County, Florida is
lereby ordered and directed to deliver the Defendant to the Department of Corrections to gether with a
copy of the
‘udgment and Sentence, and any other documents specified by Florida Statute. Additionally, Pursuant to §947.16(4),
3lorida Statutes, the Court retains jurisdiction over the Defendant.

] Pursuant to §§322.055, 322.056, 322.26, 322.274, Fla. Stat., the Department of Highway Safety
and Motor
Vehicles is directed to revoke the Defendant's privilege to drive. The Clerk of the Court is Ordered to report
the conviction and revocation to the Department of Highway Safety and Motor Vehicles.

the defendant in Open Court was advised of the right to appeal from this Sentence by filing notice of appeal within
hirty days from this date with the Clerk of the Court. The Defendant was also advised of the ri ight to the assistance of
ounsel in taking said appeal at the expense of the State upon showing of indi ney.

ONE AND ORDERED in Open Court at West Palm Beach, Palm Be; ‘ount day of :
, 200. Waa — vil
-

IN THE CIR!
IN
a URT OF THE FIFTEENTH J
FOR PALM BEACH COUNTY,
a
BL CIRCUIT,
IDA

SENTENCE (continued)

(As to Count(¢) =)
Defendant Nathaniel Beas cle
Case Number 06-6395 (CF AOE
'Y appropriate notation, the following provisions apply to the sentence imposed:
ey
FIREARM It is further ordered that the year minimum provisions of Florida Statute
775.087(2) are hereby imposed for the sentence specified
in the count.
PRISON ] The Defendant is adjudicated a prison releasee reoffender
and has been sentenced in
RELEASEE accordance with the provisions of Florida Statute 775.082 (9). The
Defendant shall
REOFFENDER be released only by expiration of sentence and shall not be eligible for parole,
release, or any form of early release. Additionally, the Defendant control
must serve 100
percent of the court imposed sentence. The requisite findings
by the court are set
forth in a separate order or stated in the record in open court.

SALE OF 0) It is further ordered that the 3 yell be Rum provisions of Florida Statute
CONTROLLED 893.13(1)(c)1, are hereby imposed By hggyenvence specified in this
count.
SUBSTANCE
WAIN 1000’ OF A DOROTHY H. WILKEN, CLERK
SCHOOL CIRCUIT & COUNTY COURTS
(CRIM. DIV.)

DRUG 0) It is further ordered that the.__ year mandatory minimum Provisi
ons of Florida
TRAFFICKING Statute 893.135(1) are hereby imposed for the sentence specifie
d in this count.

CRIMES Q The Defendant having been convicted of Aggravated Assault on a Law
Enforcement
AGAINST LAW Officer, it is further ordered that the defendant shall serve a
minimum of 3 years
ENFORCEMENT before release in accordance with Florida Statute 784.07(2)(c).
OFFICERS
0) The Defendant having been convicted of Aggravated Battery on a Law Enforce
ment
Officer, it is further ordered that the defendant shall serve a minimum
of 5 years
before release in accordance with Florida Statute 784.07(2)(d).

0] The Defendant having been convicted of Battery on a Law Enforcement
Officer and
having possessed a firearm or destructive device during the commission of said
offense, it is further ordered that the defendant shall serve a minimum of 3 years
before release in accordance with Florida jatute 784.07(3)(a).

i
———
Ee ND ORDERED in pen Court at West Palm Beac! h, Pi Ke, ginty’Flerlda is ID aay of
, 200_L.
nuaag Lin /
> e
IN THE nl Cl ‘OURT OF THE FIFTEENTH IAL CIRCUIT,
IN AND FOR PALM BEACH COUNTY, FLORIDA

SENTENCE
(As to Count(g) IL )
Defendant Lathe Renatlt

Case Number_(QQO —6B8 S—

.OBTS Number
fendant, being personally before this Court, accompanied by the defendant's
attomey of record,
Rabel “Uh ag , and having been adjudicated guilty herein, and the Court
having given
e Defendant an opportunity tobe heard and to offer matters in mitigation of sentence,
and to show cause why
2fendant should not be sentenced as provided by law, and no cause being shown,

IT IS THE SENTENCE OF THE COURT that:

he Defendant pay a fine of $. Pursuant to § + Florida Statutes, plus all costs and additional
darges as outlined in the Order assessing additional charges, costs and fines as set fPPL
ipyerarae order entered
erein

he Defendant is hereby committed to the custody of the JUL 27 200
wi Department of Corrections DOROTHY H. WILKEN
, CLERK
CIRCUIT & COUNTY
: [ ] Sheriff of Palm Beach County, Florida COURTS
(CRIM. Dtv,)
oh Mes
} Department of vedas as a youthful 2 fe fe:Me
ora term of ther (6th Xe Betendant shal be allowed a
otal of days as credit
for time incarcerated prior‘to i imposition of this sentence. It is further ordered th:
ve composite term of all sentences imposed for the counts specifie d in the order shall run
{ J] consecutive to Xi concurrent with (check one) the following:
C] Any active sentence
Od Specific sentences:
1 the event the above sentence is to the Department of Corrections, the Sheriff of Palm Beach
County, Florida is
ereby ordered and directed to deliver the Defendant to the Department of Corrections t 0}
gether with a copy of the
udgment and Sentence, and any other documents specified by Florida Statute. Addition
ally, pursuant to §947.16(4),
‘lorida Statutes, the Court retains jurisdiction over the Defendant.

] Pursuant to §§322.055, 322.056, 322.26, 322.274, Fla. Stat., the Department of Highway
Safety and Motor
Vehicles is directed to revoke the Defendant's privilege to drive. The Clerk of the Cout
rt is Ordered to report
the conviction and revocation to the Department of Highway Safety and Motor Vehicl ies.

‘he defendant in Open Court was advised of the right to appeal from this Sentence by filing notice of appeal
within
lirty days from this date with the Clerk of the Court. The Defendant was also advised of the Tight to the
assistance of
ounsel in taking said appeal at the expense of the State upon showing of indigency.

nn Hin vis BO ay of
,ONE AND ORDERED in Open Court at West Palm Beach, Palm Bea
ulcer , 2001. ARAN
; 7
IN THE CIRC URT OF THE FIFTEENTH JUD| CIRCUIT,
IN AND'FOR PALM BEACH COUNTY, FL! A

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PORTER, LISA S Track Judge’s New Case

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Document Filed Date

November 14, 2034

Case Filing Date

June 16, 108

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Document for BRAZILL #W16443, NATHANIEL R. vs. FLORIDA DEPARTMENT OF CORRECTIONS

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