775.022 Effect of reenactment or amendment of criminal statutes; references in criminal statutes.—(1) It is the intent of the Legislature that:(a) This section preclude the application of the common law doctrine of abatement to a reenactment or an amendment of a criminal statute; and(b) An act of the Legislature reenacting or amending a criminal statute not be considered a repeal or an implied repeal of such statute for purposes of s. 9, Art. X of the State Constitution.(2) As used in this section, the term “criminal statute” means a statute, whether substantive or procedural, dealing in any way with a crime or its punishment, defining a crime or a defense to a crime, or providing for the punishment of a crime.(3) Except as expressly provided in an act of the Legislature or as provided in subsections (4) and (5), the reenactment or amendment of a criminal statute operates prospectively and does not affect or abate any of the following:(a) The prior operation of the statute or a prosecution or enforcement thereunder.(b) A violation of the statute based on any act or omission occurring before the effective date of the act.(c) A prior penalty, prior forfeiture, or prior punishment incurred or imposed under the statute.(4) If a penalty, forfeiture, or punishment for a violation of a criminal statute is reduced by a reenactment or an amendment of a criminal statute, the penalty, forfeiture, or punishment, if not already imposed, must be imposed according to the statute as amended.(5) This section may not be construed to limit the retroactive effect of any defense to a criminal statute enacted or amended by the Legislature in a criminal case that has not yet resulted in the imposition of a judgment or sentence by the trial court or an appellate decision affirming a judgment or sentence of the trial court.(6) A reference to any other chapter, part, section, or subdivision of the Florida Statutes in a criminal statute or a reference within a criminal statute constitutes a general reference under the doctrine of incorporation by reference.
Section 775.021
Section 775.027
7 pages
Filing # 116341940 E-Filed 11/09/2020 10:22:30 AM CIRCUIT COURT IN THE JUDICIAL CIRCUIT ST. LUCIE COUNTY, FLORIDA STATE OF FLORIDA CASE NO. 562018CF003403B v. MICHAEL ANTHONY MITCHELL / AMENDED MOTION TO ALTER JUDGMENT. The defendant, through counsel, hereby withdraws the MOTION TO CORRECT JUDGMENT AND SENTENCE, dated February 28, 2020, and substitutes this MOTION TO ALTER JUDGMENT. This motion is filed in accord with the Fourth District Court of Appeal’s order, dated November 6, 2020, whi…
St. Lucie County, FL
Nov 09, 2020
CRIMINAL FELONY
2 pages
IN THE CIRCUIT COURT OF THE NINETEENTH JUDICIAL CIRCUIT IN AND FOR ST. LUCIE COUNTY, FLORIDA STATE OF FLORIDA, Plaintiff, Case No. 56-2018-CF-003403 Vv. MICHAEL ANTHONY MITCHELL, Judge: Schwab Defendant. / ORDER VACATING JUDGMENTS AND SENTENCES This cause came to be heard on the Defendant’s AMENDED MOTION TO ALTER JUDGEMENT. Having conducted a hearing on the matter and having heard from both parties, this Court finds and rules as follows: 1, On January 14, 2019, the Defendant was charged …
St. Lucie County, FL
Nov 17, 2020
CRIMINAL FELONY
2 pages
Filing # 116809327 E-Filed 11/17/2020 02:11:57 PM IN THE CIRCUIT COURT OF THE NINETEENTH JUDICIAL CIRCUIT IN AND FOR ST. LUCIE COUNTY, FLORIDA STATE OF FLORIDA, Plaintiff, Case No. 56-2018-CF-003403 v. MICHAEL ANTHONY MITCHELL, Judge: Schwab Defendant. / ORDER VACATING JUDGMENTS AND SENTENCES This cause came to be heard on the Defendant’s AMENDED MOTION TO ALTER JUDGEMENT. Having conducted a hearing on the matter and having heard from both parties, this Court finds and rules as follows: 1.…
St. Lucie County, FL
Nov 17, 2020
CRIMINAL FELONY
3 pages
Filing # 96985693 E-Filed 10/09/2019 01:52:41 PM IN THE CIRCUIT COURT OF THE NINETEENTH JUDICIAL CIRCUIT IN AND FOR ST. LUCIE COUNTY, FLORIDA CASE NO. 562019CF000133A. STATE OF FLORIDA, Plaintiff, vs. RAFAEL ANTONIO MAZARA, Defendant. MOTION TO DISMISS, OR IN THE ALTERNATIVE, MOTION FOR STATEMENT OF PARTICULARS The Defendant, Rafael Antonio Mazara, moves to dismiss the change of grand theft due to a lack of jurisdiction, or in the alternative, moves for statement of particulars. As groun…
St. Lucie County, FL
Oct 09, 2019
CRIMINAL FELONY
68730034 pages
1/29/2020 4:02 PM FILED IN OFFICE OF TIFFANY M. RUSSELL CLERK CIRCUIT COURT ORANGE CO FL . a IN THE CIRCUIT COURT OF THE NINTH JUDICIAL CIRCUIT, IN AND FOR ORANGE COUNTY, FLORIDA CASE NO. 2020-CA-626 c FRANK L. OWENS, 0 DIVISION 34 Petitioner, Vv. STATE OF FLORIDA, Respondent. / ORDER DENYING PETITION FOR WRIT OF HABEAS CORPUS This matter came before the Court for consideration of the Petition for Writ of Habeas Corpus filed January 21, 2020, by Frank L. Owens (“Petitioner”). It has been…
Jan 21, 2020
Pending
Orange County, FL
Jan 29, 2020
CA - Habeas Corpus (Civil)
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