Appendix — Todd v. Florida

Supreme Court brief1995

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A Supreme Court, vu.

‘oy FILED

941736 app o + 1995

No. __QFFICE OF THE Cieox

In The

SUPREME COURT OF THE UNITED STATES

October Term, 1994

JASON TODD AND JOSEPH HUGH HUTCHINSON, Petitioners,

STATE OF FLORIDA, Respondent.

On Petition for a Writ of Certiorari to the

Florida First District Court of Appeal

APPENDIX TO

PETITION FOR A WRIT OF CERTIORARI

John G. Crabtree

Counsel of Record

Of Counsel: Messer, Vickers,

Nancy A. Daniel Caparello, Madsen,

Doug Brinkmeyer Goldman & Metz, P.A.

301 South Monroe Street P.O. Box 1876

Leon County Courthouse Tallahassee, Florida 32302

Tallahassee, FL 32301 (904) 222-0720

Counsel for Petitioners

October 1994

AMIS RIOR 88 BS aes lek Lire

TABLE OF CONTENTS

APPENDIX A

Opinion of the District Court of Appeal .............. la

APPENDIX B

Opinion and Order of the Circuit Court Denying

ee. Gas 12a

Sentencing Order of the Circuit Court .............. l4a

I res ss hy Deas l6a

sudgmom (Hutchinson) ... 1... cc ce 19a

Oueer of Probation (Tedd)... wc cee 22a

Order of Probation (Hutchinson).................. 27a

Orders of the Circuit Court .................. 32a-40a

Orders of the District Court of Appeal ........... 41la-66a

Order of the Florida Supreme Court Denying Petition for

Discretionary Review (Todd) .................... 67a

Order of the Florida Supreme Court Denying Petition for

Discretionary Review (Hutchinson) ................. 69a

APPENDIX C

Order of District Court of Appeal Denying

SE eg on ok ew wd 0s Va ck oa 71a

iia

TABLE OF CONTENTS - Continued

APPENDIX D

Chapter 38, §1005-5-3.2(a),

Illinois Statutes (1989)

Staff Summary and Analysis of

House Bills 235 and 351, Florida

House of Representatives

IN THE DISTRICT COURT OF

APPEAL, FIRST DISTRICT,

STATE OF FLORIDA

JASON TODD, NOT FINAL UNTIL TIME

EXPIRES TO FILE MOTION

Appellant, FOR REHEARING AND

DISPOSITION THEREOF IF

FILED.

v. CASE NO. 92-4116

STATE OF FLORIDA,

Appellee,

and

JOSEPH HUGH HUTCHINSON,

Appellant,

v. CASE NO. 92-4136

STATE OF FLORIDA,

Appellee.

Opinion filed August 22, 1994.

An appeal from the Circuit Court for Columbia County.

L. Arthur Lawrence, Jr., Judge.

la

John G. Crabtree of Messer, Vickers, Caparello, Madsen,

Lewis, Goldman & Metz, P.A., Tallahassee, for Appellants.

Robert A. Butterworth, Attorney General, James W. Rogers,

Senior Assistant Attorney General, Office of the Attorney

General, Tallahassee; Michael J. Neimand, Assistant Attorney

General, Office of the Attorney General, Department of Legal

Affairs, Miami, for Appellee.

Amici Curiae: Mitchell Horwich, Coral Gables; Marc D.

Stern and Lois C. Waldman, American Jewish Congress, New

York; Thomas A. Horkan, Jr., Florida Catholic Conference,

Tallahassee.

MINER, J.

In these two cases, which have been consolidated for the

purposes of briefing, oral argument and opinion, the appellants

challenge, on constitutional grounds, section 806.13(2), Florida

Statutes (1991), which makes it a felony to deface a church,

synagogue, mosque or other place of worship or its religious

contents. Additionally, appellant Todd, a minor at the time of

sentencing, contends that the trial court, contrary to section

39.059(7), Florida Statutes (1991), failed to make written

findings of fact or state in writing the reasons for its decision

to impose adult sanctions against him. Finding no merit in

such argument, we affirm on that point without further

discussion. As to the constitutional challenges to section

806.13(2), which are issues of first impression in Florida, we

conclude that the statute does not violate any constitutional

command and therefore affirm.

The facts in these two cases are without dispute.

Appellants were charged with three counts of criminal mischief

each in violation of section 806.13(2), which makes it a third-

degree felony to willfully and maliciously cause between $200

and $1,000 damage to a place of worship or its religious

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& tne Diab tot ela soar

contents. Specifically, appellants were accused of spray

painting three churches in Columbia County with anti-religious

symbols and words. Appellants filed motions to dismiss,

asserting state and federal equal protection and religion

establishment challenges to the statute. Those motions were

denied, and appellants subsequently pled no contest to the

charges, reserving their rights to appeal the denial of the

motions to dismiss. They were convicted and sentenced to

serve 48 hours in jail followed by five years of probation and

to perform 150 hours of community service for each count,

with the probationary sentences to be served consecutively.

This appeal followed.

STANDARD OF REVIEW

This court is obligated to honor the strong presumption

in favor of the constitutionality of statutes. All doubt will be

resolved in favor of the constitutionality of a statute, and an act

will not be declared unconstitutional unless it is determined to

be invalid beyond a reasonable doubt. State v. Kinner, 398

So.2d 1360, 1363 (Fla. 1981).

I. ESTABLISHMENT CAUSE

Appellants challenge section 806.13, Florida Statutes

(1991), and particularly that portion of the statute which makes

it a felony to deface a place of worship,’ asserting that it

Section 806.13 provides as follows:

806.13 Criminal mischief.--

(1)(a) A person commits the offense of criminal

mischief if he willfully and maliciously injures or damages by

any means any real or personal property belonging to another,

including, but not limited to, the placement of graffiti thereon

or other acts of vandalism thereto.

(b)1. If the damage to such property is $200 or less,

it is a misdemeanor of the second degree, punishable as

provided in s. 775.082 or s. 775.083.

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violates the Establishment Clauses of both the state and federal

2. If the damage to such property is greater thar $200

but less than $1,000, it is a misdemeanor of the first degree,

punishable as provided in s. 775.082 or s. 775.083.

3. If the damage is $1,000 or greater, or if there is

interruption or impairment of a business operation or public

communication, transportation, supply of water, gas or

power, or other public service which costs $1,000 or more in

labor and supplies to restore, it is a felony of the third degree,

punishable as provided in s. 775.082, s. 775.083, or s.

775.084.

(2) Any person who willfully and maliciously defaces,

A NO RE PE RN “te ‘ity of a fel F the third desree,

‘chabl vided j 775.082 775.083

77 4.3

(3) Whoever, without the consent of the owner

thereof, willfully destroys or substantially damages any public

telephone, or telephone cables, wires, fixtures, antennas,

amplifiers, or any other apparatus, equipment, or appliances,

which destruction or damage renders a pubiic telephone

inoperative or which opens the body of a public telephone,

shall be guilty of a felony of the third degree, punishable as

provided in s. 775.082, s. 775.083, or s. 775.084; provided,

however, that a conspicuous notice of the provisions of this

subsection and the penalties provided shall have been posted

on or near the destroyed or damaged instrument and visible

to the public at the time of the commission of the offense.

(4) Any person who violates a provision of this

section may, in addition to any other criminal penalty, be

required to pay for the damages caused by such offense.

(Emphasis added.)

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sn

constitutions. The Establishment Clause of the First

Amendment to the United States Constitution provides:

“Congress shall make no law respecting an establishment of

religion, or prohibiting the free exercise thereof.”? Article I,

Section 3, of the Florida Constitution is substantially the same.

It provides: “There shall be no law respecting the

establishment of religion or prohibiting or penalizing the free

exercise thereof.”* The Establishment Clause was intended to

afford protection against sponsorship, financial support, and

active involvement of the sovereign in religious activities.

Lemon vy. Kurtzman, 403 U.S. 602, 612, 91 S. Ct. 2105,

2111, 29 L. Ed. 2d 745, 755 (1971). Three tests have been

developed to determine whether a statute violates the

Establishment Clause. First, the statute must have a secular

legislative purpose; second, its principal or primary effect must

be one that neither advances nor inhibits religion; and third, the

statute must not foster excessive government entanglement with

religion. Id, at 612-13, 91 S.Ct. at 2111, 209 L. Ed. 2d at

755.

Although not controlling, we find People v. Carter, 592

N.E.2d 491 (Ill. Ct. App.), appeal denied, 602 N.E.2d 461

(Ill. 1992), persuasive in determining that section 806. 13(2)

does not violate the Establishment Clause. In Carter, the

defendant raised an establishment challenge to a criminal

?The First Amendment is applicable to the states through

the Fourteenth Amendment. Hobbie v. Unemployment Appeals

Comm'n of Fla,, 480 U.S. 136, 139-40, 107 S.Ct. 1046, 1048, 94

L.Ed. 2d 190 197 (1987).

3Because the language regarding establishment in the

Florida constitution parallels the language of the First Amendment,

federal law will be of great value in determining issues under

Florida’s constitution. See 25A Fla. Stat. Ann. 79 (1991

(Commentary).

Sa

statute that permitted the sentencing court to impose a more

severe sentence upon a defendant who committed an offense in

a place of worship. In determining that the statute dic not

violate the Establishment Clause, the court applied the tests

announced in Lemon. The court found that the articulated

purpose, iLe., to protect places of worship and those who use

them, provided the requisite secular basis. The statute merely

reflected the legislature’s determination that crimes commutted

in such places, like crimes against the elderly, are more

repugnant to the community than some other offenses. It

acknowledges our country’s long tradition of respect for the

free exercise of religion. Id, at 497. In determining that the

Statute’s primary effect did not advance religion, the court

found that the statute’s primary effect falls on criminals rather

than their victims. While some benefit was conferred on those

who attend religious services in houses of worship, the court

concluded that such benefit was too indirect to violate the

Establishment Clause. Id, at 498. Citing State v. Vogenthaler,

548 P.2d 112 (N.M. Ct. App. 1976), which upheld a statute

that criminalized defacing a church, the court noted that

statutes which provide penalties for damaging property do not

advance religion. Jd, As to the question of excessive

entanglement, the court found none, because the statute did not

benefit religious institutions other than indirectly and it did not

establish a continuing relationship between the religious

institutions and government which required day-to-day

surveillance or administration of religious activities. Id. After

considering the Lemon tests, we agree with the result in Carter,

as indicated in the following analysis.

A. Turning to the first test, secular legislative

purpose, as explained in Corporation of the Presiding Bishop

of the Church of Jesus Christ of the Latter-Day Saints v.

Amos, 483 U.S. 327, 107 S.Ct. 2862, 90 L. Ed. 2d 273

(1987), this does not mean that the law’s purpose must be

unrelated to religion -- that would amount to a requirement that

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the government show a callous indifference to religious groups,

which the Establishment Clause has never been interpreted to

mean. Rather, the purpose requirement is aimed at preventing

the government from abandoning neutrality and acting with the

intent of promoting a particular point of view in religious

matters. To warrant a finding that a statute is unconstitutional

for lack of secular purpose, the challenge must demonstrate

conclusively that the statute was motivated wholly by religious

consideration. Lynch v. Donnelly, 465 U.S. 668, 680, 104 S.

Ct. 1355, 1362, 79 L. Ed. 604, 614 (1984). The relevant

inquiry is the legislative purpose of the statute and not the

possible religious motives of the legislators. Board of Educ. of

Westside Community v, Mergens, 496 U.S. 226, 249, 110S.

Ct. 2356, 2371, 110 L. Ed. 2d 191, 215 (1991). Edwards v.

Aguillard, 482 U.S. 578, 586-87, 107 S.Ct. 2573, 2579, 96

L.Ed. 2d 510, 521 (1987) (court is normally deferential to

state’s articulation of a secular purpose).

In the instant case, the Staff Summary and Analysis

concerning the addition of subsection 806.13(2) provides: “It

is believed that legislation of this type is necessary to curtail

the increasing number of criminal mischief acts committed in

a place of worship and in cemeteries.” Since the legislature's

articulated purpose was to deter criminal mischief, it cannot be

said that the statute lacks a secular purpose. See Lynch

(concluding that city’s inclusion of nativity scene in its

Christmas display did not violate the Establishment Clause,

because there were legitimate secular purposes for its inclusion,

ie., to celebrate the holiday and depict the origins of it);

Lemon (where statutes for providing financial support to non-

public schools and paying supplements to teachers in non-

public schools were aimed at improving secular education in all

schools, the legislative purpose was not to advance religion,

rather the state had a legitimate concern in maintaining

minimum standards in all schools); Committee for Pub. Educ.

& Religious Liberty v. Nyquist, 413 U.S. 756, 93 S. Ct. 2955,

Ta

37 L. Ed. 2d 948 (1973) (where legislature specified purposes

for law granting financial aid to non-public schools were to

preserve health and safe environment for all children, promote

pluralism and diversity, and to avoid overburdening the public

school system, all those were legitimate secular considerations

and did not require a finding of unconstitutionality under the

first test). Appellants’ argument ignores this stated legislative

purpose, to which we give great deference, and instead :elics

on their assumption of the legislative purpose.

Appellant's reliance on Texas Monthly, Inc. v. Bullock,

489 U.S. 1, 109 S. Ct. 890, 103 L. Ed. 2d 1 (1989), for the

notion that a statute which confers a benefit only on religious

institutions Or organizations cannot have a secular purpose, to

prove that section 806.13 necessarily lacks a secular purpose is

misplaced for two reasons. First, Bullock dealt with a tax

exemption which directly benefited religious organizations as

it granted the exemption to religious literature. Here, the

statute does not directly benefit religious organizations in that

it merely increases the penalty when criminal mischief is

committed to houses of worship. Carter. Second, unlike

Bullock, where the exemption only applied to religious

literature, an increased penalty under section 806.13 also

applies to criminal mischief involving telephone services. §

806.13(3), Fla. Stat. (1991). Thus, Bullock does not compel

a finding of a nonsecular purpose.

B. Turning to the second test, the principal or

primary effect of advancing religion, the law’s purpose or

effect must be to “endorse” religion for the law to be violative

of the Establishment Clause. County of Allegheny v.

Lenctican Civil Lihertite Ueinn ( Pittsburgh C}

492 U.S. 573, 592, 109 S. Ct. 3086, 3100, 106 L. Ed. 2d 472,

494 (1989). The government is prohibited from conveying the

message that religion or a particular religious belief is favored

or preferred. Id, at 593, 109S. Ct. at 3101, 106 L. Ed. 2d at

494. As explained in Corporation of Presiding Bishops, 438

8a

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U.S. at 337, 107 S. Ct. at 2869, 97 L. Ed. 2d at 283, for a law

to have forbidden effects, it must be fair to say that the

government itself has advanced religion through its own

activities and influence.

Here, although appellants have argued that section

806.13(2)’s primary effect or purpose is to benefit houses of

worship, the statute clearly shows that its primary purpose is

to punish those who deface all sorts of property, including

religious property. Admittedly, there is some benefit to

religious institutions since there is a greater deterrence for

criminal mischief involving religious property, but such benefit

is indirect. Carter. As noted in Bullock, 489 U.S. at 10, 109

S. Ct. at 897, 103 L. Ed. 2d at 10, government policies with

secular policies may incidentally benefit religion. Thus, it

cannot be said that the statute’s primary effect is to advance or

endorse religion.

In so saying, we once again reject appellants’ reliance

on Bullock’s breadth analysis. This is not a situation where the

law only applies to religious institutions; an enhanced penalty

also applies to criminal mischief involving telephone services.

ore As for the third test, that of excessive

entanglement, appellant has argued that the statute causes

excessive entanglement because the state will have to determine

what an “other place of worship” is and what “religious

articles” are. The entanglement which is forbidden is

comprehensive, discriminating and _ continuing _ state

surveillance, Lynch, 465 U.S. at 684, 104 S. Ct. at 1365, 79

L. Ed. 2d at 617; day-to-day surveillance or administration of

religious activities, Board of Educ, of Westside Community

Schs, v. Mergens, 496 U.S. 226, 252-53, 110 S. Ct. 2356,

2373, 110 L. Ed. 2d 191, 217 (1990); and programs whose

very nature are apt to entangle the state in the details of

administration, Lemon, 403 U.S. at 614-15, 91 S. Ct. at 2112,

29 L. Ed. 2d at 757. We fail to see how determining whether

defaced property is a place of worship or a religious article

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therein constitutes the type of entanglement contemplated by

the Establishment Clause test. Accord Carter.

In conclusion, because section 806.13(2) passes muster

under each of the tests set out in Lemon, the trial court’s vider

denying appellants’ motions to dismiss should be affirmed as io

the Establishment Clause issue.

Il. EQUAL PROTECTION

Appellants argue that they are denied equal protection,

because section 806.13 treats acts of criminal mischief

differently depending upon whether they involve secular or

religious property. In regard to equal protection, the Florida

Constitution provides that “[a]ll natural persons are equal

before the law,” and the Fourteenth Amendment to the United

States Constitution provides that no state may “deny to any

person within its jurisdiction the equal protection of the law.”

Art. I, § 2, Fla. Const.; U.S. Const. amend. XIV, § 1. The

Equal Protection clause does not, however, deny to states the

power to treat different classes of persons in different ways so

long as such classifications are reasonably related to a

legitimate state interest. Stall v. State, 570 So.2d 257, — n. :

(Fla. 1990), cert. denied sub nom. Long v. Florida,

__, LIL S. Ct. 2888, 115 L. Ed. 2d 1054 (1991).

In determining the equal protection challenge in the

instant case, it has been conceded that the rational basis test is

the appropriate standard. See Corporation of Presiding Bishop,

483 U.S. at 338-39, 107 S.Ct. at 2870, 97 L. Ed. 2d at 285

(laws affording a uniform benefit to all religions should be

analyzed under the rational basis test). Thus, the question

before us is whether the government has chosen a rational

classification to further a legitimate end.

As discussed under Issue I, subsection A, the state has

a legitimate interest in deterring crime. Moreover, as indicated

in the staff summary and analysis, there is an increasing

number of criminal mischief acts perpetrated against religious

institutions. The statute’s enhanced penalties for acts against

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ee Te Se

ee ee

such institutions are rationally related to a legitimate state

interest. Therefore, the law does not violate the Equal

Protection Clause. Walker v. State, 501 So.2d 156 (Fla. Ist

DCA 1987) (assault and battery statute which divides people

for sentencing purposes into two classes, i.e., those subject to

the discipline of the school and who are not, did not violate the

Equal Protection Clause, because the legislative aims to

maintain and protect the integrity of the school setting and

standing of teachers as role models were legitimate objectives,

and the statute’s effect, L¢e., enhancing the penalty from a

misdemeanor to a felony for battery or a school board

employee when the defendant is not subject to school

discipline, was rationally related to achieve the intended end).

Consequently, the trial court’s order should be affirmed as to

the equal protection issue.

AFFIRMED.

SMITH, SENIOR JUDGE, and PADOVANO, PHILIP J.,

ASSOCIATE JUDGE, CONCUR.

lla

IN THE CIRCUIT COURT OF THE

THIRD JUDICIAL CIRCUIT OF

FLORIDA, IN AND FOR

COLUMBIA COUNTY, FLORIDA.

STATE OF FLORIDA

-VS- CASE NO. 92-370-CF

JASON TODD

Defendant(s)

THIS CAUSE was heard on the Motions to Dismiss filed in

the respective criminal cases by counsel for Defendant Hutchingson

[sic] and Defendant Todd. The Court has considered the Motions to

Dismiss and the Memorandum of Law filed to support the Motions,

the Memorandum of Law filed by the State and the Amicus Curiae

Brief of the American Jewish Congress.

Florida Statute 806.13(2) is Constitutional and does not

violate the United States Constitution or the constitution of the State

of Florida. The Motions to Dismiss filed in the Joseph Hutchingson

and Jason Todd case are DENIED.

In Lemon v. Kurtzman (1971), 403 U.S. 602, 91 S.Ct. 2105,

29 L.E.D. 745, the Supreme Court held that a statute does not violate

the Establishment Clause of the First Amendment if it has a valid

secular purpose, does not advance nor inhibit religion and does not

foster excessive entanglement with religion.

Florida Statute 806.13(2) has a valid secular purpose and there

is no evidence that the statute was wholly motivated by religious

considerations. Churches and other places of worship make a unique

contribution to the pluralism of American Society. See State vs.

Vogenthaler, 548 P. 2d 112 (N.M. Ct. App. 1976). Places of worship

12a

are uniquely vulnerable buildings in that they are often vacant

especially at night when acts of criminal mischief typically occur.

The statute in question does not advance nor inhibit religion,

it is only a penalty enhancing statute that applies to what would

otherwise be unlawful conduct under Florida Statute 806.13(1).

Likewise, the statute does not foster excessive entanglement with

religion as places of worship would be afforded protection without the

benefit of Florida Statute 806. 13(2).

Florida Statute 806.13(2) does not violate the right to equal

protection under the United States Constitution or the Constitutional

of the State of Florida. The State has a compelling interest in

protecting places of worship from vandalism and all individuals who

unlawfully vandalize places of worship are treated equally just as all

places of worship are treated equally under the law.

DONE AND ORDERED in Chambers in Lake City, Columbia

County, Florida, this _6th_ _ day of OCTOBER, 1992.

/s/

L. Arthur Lawrence, Jr.

Circuit Judge

CERTIFICATE OF SERVICE

I HEREBY CERTIFY that a true and correct copy of the

foregoing was furnished by U. S. Mail/Hand Delivery to Phyllis E.

Rosier, Assistant State Attorney, P. O. Box 551, Lake City, FL.

32056; Wade Griffin, Attorney At Law, P. O. box 2149, Lake City, FL

32056; and to Duncan Jones, Assistant Public Defender, P. O. Drawer

1209, Lake City, FL 32056, this _7th_ day of OCTOBER, 1992.

—ls/

PERSON SENDING COPIES

13a

IN THE CIRCUIT COURT OF

THE THIRD JUDICIAL CIRCUIT

OF FLORIDA, IN AND FOR

COLUMBIA COUNI),

FLORIDA.

STATE OF FLORIDA

-VS- CASE NO. 92-370-CF

JASON TODD

Defendant(s)

ORDER

THIS CAUSE was before the Court for seniencing on

November 3, 1992. Pursuant to Chapter 39 of the Florida Statutes,

the Court declines to impose juvenile sanctions and as grounds,

would show:

1. The Court has received and considered the

Predisposition Report prepared by the Department of Health and

Rehabilitative Services. All interested parties, including the

Defendant, his attorney and his parents or custodian have had an

opportunity to comment on the issue of sentence and any proposed

rehabilitation plan to be offered in this case.

2. The Defendant is before the Court to be sentenced on

the following charges: Criminal Mischief (3 cts).

3. The offenses for which the Defendant is being

sentenced are serious and the protection of the community requires

adult disposition.

4. The offenses was committed in a willful manner.

5. The nature of the present criminal offenses

considered together with the record and previous history of the

Defendant (including contacts with the department, law enforcement

agencies, courts, prior records of community control, and

commitment) indicate that there are no reasonable prospects of

rehabilitation in the juvenile system.

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Pov

eee ke ee Ee Le ee ee oe

6. It is in the best interest of the public that the

Defendant be sentenced as an adult in this cause.

7. Jason Todd will be 18 years of age on December 13,

1974, and owes a significant amount of restitution. Juvenile

sanctions are not of sufficient duration considering the seriousness of

the offense and the impact on the community.

DONE AND ORDERED in Chambers at the Columbia

County Courthouse in Lake City, Florida this __3rd__ day of

November, A.D., 1992.

/s/

CIRCUIT COURT JUDGE

Copies to:

Phyllis E. Rosier

Assistant State Attorney

P. QO. Box 551

Lake City, FL 32056

Wade Griffin

Attorney for Defendant

P. O. Box 2149

Lake City, FL 32056

15a

In the Circuit Court, Third Judicial

Circuit, in and for Columbia

County, Florida.

Division: Felony

Case Number: 92-370 CF

State of Florida

Vv.

Jason Oneil Todd

Defendant.

JUDGMENT

The Defendant, Jason Oneil Todd, being personally before

this court represented by Wade Griffin, the attorney of record, and

the state represented by Phyllis Rosier, and having

been tried and found guilty by jury/by court of the

following crime(s)

_._—S—>—s entered a plea of guilty to the following crime(s)

_X entered a plea of nolo contendere to the following

crime(S)

Offense

Statute Degree Case OBTS

Count Crime Number of Crime Number Number

I Criminal 80613 F3° 92-370 5587503

Mischief

Il Criminal 80613 F3° 92-370 5587503

Mischief

lil Criminal 80613 F3° 92-370 5587503

Mischief

_X and no cause being shown why the

defendant should not be adjudicated guilty,

IT IS ORDERED THAT the defendant is

hereby ADJUDICATED GUILTY of the

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|

:

:

|

|

|

|

|

:

|

|

above crime(s).

and pursuant to section 943.325, Florida Statutes,

having been convicted of attempts or offenses

relating to sexual battery (ch. 794) or lewd or

lascivious conduct (ch.800) the defendant shall be

required to submit blood specimens.

and good cause being show; IT IS ORDERED

THAT ADJUDICATION OF GUILT BE

WITHHELD.

the defendants Drivers License shall be suspended

for _____ years.

17a

FINGERPRINTS OF DEFENDANT

1. Right Thumb 2. Right Index 3. Right Middle

4. Right Ring 5. Right Little 6. Left Thumb

7. Left Index 8. Left Middle 9. Left Ring

10.Left Little

Fingerprints taken by: /s/

I HEREBY CERTIFY that the above and foregoing are the

fingerprints of the defendant, JASON ONEIL TODD, and that they

were placed thereon by the defendant in my presence in open court

of this date.

DATE AND ORDERED in open court in LAKE CITY,

COLUMBIA County, Florida, this 3rd day of November, 1992.

Judge

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In the Circuit Court, Third

Judicial Circuit, in and for

Columbia County, Florida.

Division: Felony

Case Number: 92-353 CF

State of Florida

v.

Joseph Hugh Hutchingson

Defendant.

JUDGMENT

The Defendant, Joseph Hugh Hutchingson, being personally

before this court represented by Duncan Jones, the attorney of

record, and the state represented by Phyllis Rosier, and having

been tried and found guilty by jury/by court of the

following crime(s)

Pn entered a plea of guilty to the following crime(s)

_X entered a plea of nolo contendere to the following

crime(S)

| Offense

: Statute Degree Case OBTS

Count Crime Number of Crime Number Number

I Criminal 80613 3 F3° 92-353 5587500

| Mischief

} Il Criminal 80613 3 F3° 92-353 5587500

Mischief

Ill Criminal 80613 3 F3° 92-353 5587500

Mischief

_X and no cause being shown why the

defendant should not be adjudicated guilty,

IT IS ORDERED THAT the defendant is

hereby ADJUDICATED GUILTY of the

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above crime(s).

and pursuant to section 943.325, Florida Statutes,

having been convicted of attempts or offenses

relating to sexual battery (ch. 794) or lewd or

lascivious conduct (ch.800) the defendant shall be

required to submit blood specimens.

and good cause being show; IT IS ORDERED

THAT ADJUDICATION OF GUILT BE

WITHHELD.

the defendants Drivers License shall be suspended

for _____ years.

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FINGERPRINTS OF DEFENDANT

1. Right Thumb 2. Right Index 3. Right Middle

4. Right Ring 5. Right Little 6. Left Thumb

7. Left Index 8. Left Middle 9. Left Ring

10.Left Little

Fingerprints taken by: ls/

I HEREBY CERTIFY that the above and foregoing are the

fingerprints of the defendant, JOSEPH HUGH HUTCHINGSON,

and that they were placed thereon by the defendant in my presence

in open court of this date.

DATE AND ORDERED in open court in LAKE CITY,

COLUMBIA County, Florida, this 3rd day of November, 1992.

Judge

21a

In the Circuit Court, Third Judicial Circuit,

in and for Columbia County, Florida.

Division: Felony

Case Number: 92-370 CF

Count I, II, Ill

State of Florida

V.

Jason Oneil Todd

Defendant.

ORDER OF PROBATION

This cause coming on this day to be heard before me, and

you, the defendant Jason Todd, being now present before me and you

having:

entered a plea of guilty

X entered a plea of nolo contendere to

been found guilty by jury verdict to

been found guilty by the court trying the case with a jury of

the offense(s) of

CTI - Criminal Mischief

CT Il - Criminal Mischief

CT Ill - Criminal Mischief

“-<CTION I. Judg f

X The Court hereby adjudges you to be guilty of the above

offense(s).

Now, therefore it is ordered and adjudged that you be placed on

probation for a period of 5 years, each count consecutive (15 years

total) under the supervision of the Department of Corrections, subject

to Florida law.

SECTION 2: Order Withholding Adiudicati

22a

Now therefore, it is ordered and adjudged that the

adjudication of guilt is hereby withheld and that you be placed on

probation for a period of under the

supervision of the Department of Corrections, subject to Florida law.

It is further ordered that you shall comply with the following

conditions and sanctions of probation:

(1)

(2)

(3)

(4)

(5)

(6)

(7)

(8)

Not later than the fifth of each month, you wili make a full

and truthful report to your Probation Officer on the form

provided for that purpose.

You will pay to the State of Florida the amount of $40.00

per month toward the cost of your supervision unless

otherwise waived in compliance with Florida Statutes.

You will not change your residence or employment or lave

the county of your residence without first procuring the

consent of your Probation Officer.

You will neither possess, carry or Own any weapons or

firearm without first securing the consent of your Probation

Officer.

You will live and remain at liberty without violating any law.

A conviction in a court of law shall not be necessary in order

for such a violation to constitute a violation of your

probation.

You will not use intoxicants to excess; nor will you visit

places where intoxicants, drugs or other dangerous

substances are unlawfully sold, dispensed or used.

You will work diligently at a lawful occupation and support

any dependents to the best of your ability, as directed by

your Probation Officer.

You will promptly and truthfully answer all inquiries

directed to you by the Court or the Probation Officer, and

23a

(9)

allow the Officer to visit in your home, at your employment

site or elsewhere, and you will comply with all instructions

he/she may ,ive you.

You will submit to and pay for random urinalysis,

breathalizer, or blood test at any time requested by your

probation officer, or the professional staff of any treatment

center where you are receiving treatment, to determine

possible use of alcohol, drugs, or controlled substances.

SPECIAL CONDITIONS

You will perform 150 hours of public service work as

directed by your probation officer, for a total of 150 hours

in all counts.

You will submit to an evaluation by the TASC Program.

comply with all recommendations, dn be responsible for all

cost incurred in said program.

You will submit to mental health counseling as directed by

your probation officer and shall be responsible for the

payment of any costs incurred while receiving said

counseling.

You are to enter the Department of Corrections Non-Secure

Drug Treatment Program, or other residential treatment

program, as approved by your probation officer. You are to

remain until you successfully complete said Program and you

are to comply with all Rules and Regulations of the Program.

You are/are not confined in the county jail until placement

in said program, and if you are confined the Sheriff of

County is ordered to transport you to said

program.

You will have no contact with victim(s) in this case.

You will have no contact with children under 16 years of age

unless an adult is present who is aware of this conviction.

24a

You shall abstain from the use of any alcoholic beverages.

You shall make a good faith effort to obtain your GED/high

school diploma.

You will report to the Probationers Education Growth

(P.E.G.) Program for an evaluation of your educational

level. You will be referred into the appropriate Adult

Education Program. You will attend class on a regular basis

as determined by your probation officer and PEG personnel.

Your progress will be monitored and reports will be

furnished to your probation officer.

You shall take Antabuse if so deemed medically feasible and

you shall pay all costs for treatment.

You shall participate in and successfully complete the

programs of the Probation and Restitution Center for a

period of . You shall report to the Center

when and as directed by your probation officer.

You shall be confined to the county jail for a period of a 48

hour weekend with credit for NO jail time.

You shall report to the Lake City Probation Office, 1992

South First Street, Lake City, Florida immediately upon

release.

You will pay restitution, cost and/or fees in accordance with

attached.

This case is to run concurrent/consecutive to prison

sentence/community control/probation/county jail received

in Case # -.

Other: You will submit to a psychological Evaluation, and

shall be responsible for the payment of any costs incurred.

You will abide by a curfew of 9:00 p.m. on weeknights and

25a

10:00 p.m. on the weekends unless otherwise given written

permission by your probation officer.

You are hereby placed on notice that the Court may at any

time rescind or modify any of the conditions or your probation, or

may extend the period of probation as authorized by law, or may

discharge vou from further supervision; and that if you violate any

of the conditions of your probation, you may be arrested and the

Court may revoke your probation, and impose any sentence which

it might have imposed before placing you on probation.

If is further ordered that when you have reported to the

Probation Officer and have been instructed as to the conditions of

probation you shall be released from custody if you are in custody

and if you are at liberty on bond, the sureties thereon shall stand

discharged from liability.

It is further ordered that the Clerk of this Court file this order

in his/her office, record the same in the Minutes of the Court, and

forthwith provide copies of same to the Probation Officer for his/her

use in compliance with the requirements of law.

DONE AND ORDERED IN OPEN COURT, this the 3rd

day of November, 1992, and confined in writing this 3rd day of

November, 1992.

ls/

Circuit Judge

| acknowledge receipt of a copy of this order and that the conditions

have been explained to me.

Date:

Probationer

Instructed by:

Correctional Probation Officer

26a

In the Circuit Court, Third Judicial Circuit,

in and for Columbia County, Florida.

Division: Felony

Case Number: 92-353 CF

Count I, Il, Hl

State of Florida

v.

Joseph Hugh Hutchingson

Defendant.

ORDER OF PROBATION

This cause coming on this day to be heard before me, and

you, the defendant Joseph Hutchingson, being now present before me

and you having:

entered a plea of guilty

_X entered a plea of nolo contendere to

been found guilty by jury verdict to

been found guilty by the court trying the case with a jury of

the offense(s) of

CTI - Criminal Mischief

CT Il - Criminal Mischief

CT Ill - Criminal Mischief

SECTION |: Judgment of Guilty

X The Court hereby adjudges you to be guilty of the above

offense(s).

Now, therefore it is ordered and adjudged that you be placed on

probation for a period of 5 years, each count consecutive (15 years

total) under the supervision of the Department of Corrections, subject

to Florida law.

SECTION 2: Onter Withhokline Adiudicati

27a

Now therefore, it is ordered and adjudged that the

adjudication of guilt is hereby withheld and that you be placed on

probation for a period of under the

supervision of the Department of Corrections, subject to Florida law.

It is further ordered that you shall comply with the following

conditions and sanctions of probation:

(1) Not later than the fifth of each month, you will make a full

and truthful report to your Probation Officer on the form

provided for that purpose.

(2) You will pay to the State of Florida the amount of $40.00

per month toward the cost of your supervision unless

otherwise waived in compliance with Florida Statutes.

(3) You will not change your residence or employment or lave

the county of your residence without first procuring the

consent of your Probation Officer.

es

(4) You will neither possess, carry or Own any weapons or

firearm without first securing the consent of your Probation

Officer.

(5) You will live and remain at liberty without violating any law.

A conviction in a court of law shall not be necessary in order

for such a violation to constitute a violation of your

probation.

(6) You will not use intoxicants to excess; nor will you visit

places where intoxicants, drugs or other dangerous

substances are unlawfully sold, dispensed or used.

(7) You will work diligently at a lawful occupation and support

any dependents to the best of your ability, as directed by

your Probation Officer.

(8) You will promptly and truthfully answer all inquiries

directed to you by the Court or the Probation Officer, and

28a

(9)

allow the Officer to visit in your home, at your employment

site or elsewhere, and you will comply with all instructions

he/she may give you.

You will submit to and pay for random urinalysis,

breathalizer, or blood test at any time requested by your

probation officer, or the professional staff of any treatment

center where you are receiving treatment, to determine

possible use of alcohol, drugs, or controlled substances.

SPECIAL CONDITIONS

You will perform 150 hours of public service work as

directed by your probation officer, for a total of 150 hours

in all counts.

You will submit to an evaluation by the TASC Program,

comply with all recommendations, dn be responsible for all

cost incurred in said program.

You will submit to mental health counseling as directed by

your probation officer and shall be responsible for the

payment of any costs incurred while receiving said

counseling.

You are to enter the Department of Corrections Non-Secure

Drug Treatment Program, or other residential treatment

program, as approved by your probation officer. You are to

remain until you successfully complete said Program and you

are to comply with all Rules and Regulations of the Program.

You are/are not confined in the county jail until placement

in said program, and if you are confined the Sheriff of

County is ordered to transport you to said

program.

You will have no contact with victim(s) in this case.

You will have no contact with children under 16 years of age

unless an adult is present who is aware of this conviction.

29a

You shall abstain from the use of any alcoholic beverages.

You shall make a good faith effort to obtain your GED/high

school diploma.

You will report to the Probationers Education Growth

(P.E.G.) Program for an evaluation of your educational

level. You will be referred into the appropriate Adult

Education Program. ‘You wiil attend class on a regular basis

as determined by your probation officer and PEG personnel.

Your progress will be monitored and reports will be

furnished to your probation officer.

You shall take Antabuse if so deemed medically feasible and

you shall pay all cosis for treatment.

You shall participate in and successfully complete the

programs of the Probation and Restitution Center for a

period of . You shall report to the Center

when and as directed by your probation officer.

You shall be confined to the county jail for a period of a 48

hour weekend with credit for NO jail time.

You shall report to the Lake City Probation Office, 1992

South First Street, Lake City, Florida immediately upon

release.

You will pay restitution, cost and/or fees in accordance with

attached.

This case is to run concurrent/consecutive to prison

sentence/community control/probation/county jail received

in Case # -.

Other: You will submit to a psychological Evaluation, and

shali be responsible for the payment of any costs incurred.

You will abide by a curfew of 9:00 p.m. on weeknights and

30a

10:00 p.m. on the weekends unless otherwise given written

permission by your probation officer.

You are hereby placed on notice that the Court may at any

time rescind or modify any of the conditions or your probation, or

may extend the period of probation as authorized by law, or may

discharge you from further supervision; and that if you violate any

of the conditions of your probation, you may be arrested and the

Court may revoke your probation, and impose any sentence which

it might have imposed before placing you on probation.

If is further ordered that when you have reported to the

Probation Officer and have been instructed as to the conditions of

probation you shall be released from custody if you are in custody

and if you are at liberty on bond, the sureties thereon shall stand

discharged from liability.

It is further ordered that the Clerk of this Court file this order

in his/her office, record the same in the Minutes of the Court, and

forthwith provide copies of same to the Probation Officer for his/her

use in compliance with the requirements of law.

DONE AND ORDERED IN OPEN COURT, this the 3rd

day of November, 1992, and confined in writing this 3rd day of

November, 1992.

/s/

Circuit Judge

I acknowledge receipt of a copy of this order and that the conditions

have been explained to me.

Date:

Probationer

Instructed by:

Correctional Probation Officer

3la

In the Circuit Court, Third Judicial Circuit,

in and for Columbia County, Florida.

Case Number: 92-370 CF

State of Florida *

v. .

Jason Oneil Todd .

a

Defendant.

ORDER APPOINTING PUBLIC DEFENDER

AS COUNSEL ON APPEAL

THE DEFENDANT having been adjudged insolvent and it

appearing the Court that the Defendant continues to be insolvent, it

is hereby

ORDERED AND ADJUDGED that the Office of the Public

Defender, Third Judicial Circuit, be and is hereby appointed to

represent the Defendant on appeal to the First District Court of

Appeal.

DONE AND ORDERED this 4th day of December, 192.

—/s/_ L. Arthur Lawrence, Jr.

Circuit Judge

I HEREBY CERTIFY that a copy hereof has been furnished

to DUNCAN A. JONES, Assistant Public Defender, P. O. Drawer

1209, Lake City, FL and to PHYLLIS ROSIER, Assistant State

Attorney, P.O. Box 551, Lake City, FL this 4th day of December,

1992.

NAME:_ Duncan A. Jones

POSITION:_Assistant Public Defender _

32a

etapa <a He I Pe

In the Circuit Court, Third Judicial Circuit,

in and for Columbia County, Florida.

Case Number: 92-353 CF

State of Florida *

Vv. °

Joseph Hugh Hutchingson °

Defendant. *

ORDER APPOINTING PUBLIC DEFENDER

AS COUNSEL ON APPEAL

THE DEFENDANT having been adjudged insolvent and it

appearing the Court that the Defendant continues to be insolvent, it

is hereby

ORDERED AND ADJUDGED that the Office of the Public

Defender, Third Judicial Circuit, be and is hereby appointed to

represent the Defendant on appeal to the First District Court of

Appeal.

DONE AND ORDERED this 4th day of December, 192.

—/s/_ L. Arthur Lawrence, Jr.

Circuit Judge

I HEREBY CERTIFY that a copy hereof has been furnished

to DUNCAN A. JONES, Assistant Public Defender, P. O. Drawer

1209, Lake City, FL and to PHYLLIS ROSIER, Assistant Siate

Attorney, P.O. Box 551, Lake City, FL this 4th day of December,

1992.

NAME:_ Duncan A, Jones

POSITION: _Assistant Public Defender _

33a

IN THE CIRCUIT COURT OF

THE THIRD JUDICIAL CIRCUIT

IN. AND FOR COLUMBIA

COUNTY, FLOP'DA.

JASON ONEIL TODD °

*

Defendant, Appellant

-VS- . CASE NO. 92-370CF

STATE OF FLORIDA, '

Plaintiff, Appellee. °

ORDER APPROVING DESIGNATION

THE COURT having considered Appellant’s designation to

the court reporter, NINI ST. JOHN, and finding that it requires

transcription of only so much of the record as will be needed to

support the issues to be raised on appeal, the same is hereby

approved.

DONE AND ORDERED this 6th day of January, 1993.

/s/

L. ARTHUR LAWRENCE, JR.

Circuit Judge

| HEREBY CERTIFY that a copy hereof has been furnished

to PHYLLIS ROSIER, Assistant State Attorney, P. O. Box 551,

Lake City, FL, DUNCAN A. JONES, Assistant Public Defender, P.

O. Drawer 1209, Lake City, FL, NINI ST. JOHN, Court Reporter,

Rt. 12, Box 82, Lake City, FL, ROBERT BUTTERWORTH,

Attorney General, The Capitol, Tallahassee, FL 32301 and to

JASON ONEIL TODD, c/o DUNCAN A. JONES, Assistant Public

Defender, P.O. Drawer 1209, Lake City, FL this 11th day of

January, 1993.

34a

= — eS ENE NRCP RE MO NO 8H

NAME:

/s/ Pam Sweat

POSITION:

Secretary, Public Defender’s Office

35a

IN THE CIRCUIT COURT OF

THE THIRD JUDICIAL CIRCUIT

IN AND FOR COLUMBIA

COUNTY, FLORIDA.

JOSEPH HUGH HUTCHINGSON, *

Defendant, Appellant *

-VS- * CASE NO. 92-353CF

STATE OF FLORIDA, °

Plaintiff, Appellee. .

ORDER APPROVING DESIGNATION

THE COURT having considered Appellant’s designation to

the court reporter and finding that it requires transcription of only so

much of the record as will be needed to support the issues to be

raised on appeal, the same is hereby approved.

DONE AND ORDERED this 4th day of December, 1992.

/s/

L. ARTHUR LAWRENCE, JR.

Circuit Judge

| HEREBY CERTIFY that a copy hereof has been furnished

to PHYLLIS ROSIER, Assistant State Attorney, P. O. Box 551,

Lake City, FL, DUNCAN A. JONES, Assistant Public Defender, P.

O. Drawer 1209, Lake City, FL, NINI ST. JOHN, Court Reporter,

Rt. 12, Box 82, Lake City, FL, ROBERT BUTTERWORTH,

Attorney General, The Capitol, Tallahassee, FL 32301 and to

JOSEPH HUGH HUTCHINGSON, c/o DUNCAN A. JONES,

Assistant Public Defender, P.O. Drawer 1209, Lake City, FL this

30th day of December, 1992.

NAME: /s/_ Pamela Sweat

POSITION: Secretary, Public Defender’s Office

36a

IN THE CIRCUIT COURT OF

THE THIRD JUDICIAL CIRCUIT

IN AND FOR COLUMBIA

COUNTY, FLORIDA.

JASON ONEIL TODD °

Defendant, Appellant *

-VS- . CASE NO. 92-370CF

STATE OF FLORIDA, °

Plaintiff, Appellee. °

ORDER APPROVING SUPPLEMENTAL DESIGNATION

THE COURT having considered Appellant’s designation to

the court reporter, ANN LEWIS, and finding that it requires

transcription of only so much of the record as will be needed to

support the issues to be raised on appeal, the same is hereby

approved.

DONE AND ORDERED this 6th day of January, 1993.

/s/

L. ARTHUR LAWRENCE, JR.

Circuit Judge

I HEREBY CERTIFY that a copy hereof has been furnished

to PHYLLIS ROSIER, Assistant State Attorney, P. O. Box 551,

Lake City, FL, DUNCAN A. JONES, Assistant Public Defender, P.

O. Drawer 1209, Lake City, FL, ANN LEWIS, Court Reporter, 102

West Madison Street, Lake City, FL, ROBERT BUTTERWORTH,

Attorney Generai, The Capitol, Tallahassee, FL 32301 and to

JASON ONEIL TODD, c/o DUNCAN A. JONES, Assistant Public

Defender, P.O. Drawer 1209, Lake City, FL this 1ith day of

January, 1993.

37a

NAME: /s/ Pam Sweat

POSITION:__ Secretary, Public Defender’s Office

38a

IN THE CIRCUIT COURT, THIRD JUDICIAL

CIRCUIT, IN AND FOR COLUMBIA COUNTY,

FLORIDA.

CASE NO. 92-370CF

IN RE: Invoice dated 12/28/92,

in the amount of $60.00.

/

ORDER ON COURT REPORTER COSTS

It appearing that a judgment is required before Columbia

County will be considered for reimbursement of expenses

aforementioned and heretofore attached, it is, pursuant to Florida

Statute 27.54(3) regarding costs taxed by the Court against counties.

ORDERED that Columbia County make payment for the

invoice attached and the approval of the undersigned judge

authorizing payment of the attached invoice is confirmed.

DONE AND ORDERED this 7th day of January, 1993 in

Lake City, Columbia County, Florida.

Ls/

Circuit Judge

39a

IN THE CIRCUIT COURT,

THIRD JUDICIAL CIRCUIT, IN

AND FOR COLUMBIA

COUNTY, FLORIDA.

CASE NO. 92-353CF, 92-597CF

IN RE: Invoice dated 12/14/92,

in the amount of $60.00.

Invoice dated 12/14/92

in the amount of $193.45.

/

ORDER ON COURT REPORTER COSTS

It appearing that a judgment is required before Columbia

County will be considered for reimbursement of expenses

aforementioned and heretofore attached, it is, pursuant to Florida

Statute 27.54(3) regarding costs taxed by the Court against counties.

ORDERED that Columbia County make payment for the

invoice attached and the approval of the undersigned judge

authorizing payment of the attached invoice is confirmed.

DONE AND ORDERED this 23rd day of December, 1992

in Live Oak, Suwannee County, Florida.

/s/

Circuit Judge

ee ea ee

DISTRICT COURT OF APPEAL, FIRST DISTRICT

Tallahassee, Florida 32399

Telephone No. (904) 488-6151

December 8, 1992

CASE NO: 92-04116

L.T. CASE NO. 92-370-CF

Jason Todd Vv. State of Florida

Appellant(s), Appellee(s).

BY ORDER OF THE COURT:

The appellant/petitioner has failed to tender the required

$250.00 filing fee per Section 35.22(3), Florida Statutes and Florida

Rules of appellate Procedure Rule 9.110(b).

The appellant/petitioner is hereby directed to forthwith

forward to this office within 30 days a cashiers check or money order

in the amount of $250.00 to cover the filing fee. If

appellant/petitioner seeks to proceed with prepayment of costs

| waived, appellant/petitioner is hereby directed to file a motion and

affidavit of indigency with the clerk of the lower tribunal (the court,

agency, officer, board, commission or body whose order is to be

reviewed) so said clerk may issue a Certification of Indigency

pursuant to Section 57.081(1), Florida Statutes (1991). The affidavit

of indigency must bear a notarized signature. The failure of

appellant/petitioner to submit a Certification of Indigency or the

required filing fee within 30 days will result in the dismissal of this

cause without further order of the court.

I HEREBY CERTIFY that the foregoing is (a true copy of)

the original court order.

JON S. WHEELER, CLERK

4la

By:__/s/_ Vickie Maloy

Deputy Clerk

(SEAL)

Copies:

Wade L. Griffin

Robert A. Butterworth

42a

oe OR

DISTRICT COURT OF APPEAL, FIRST DISTRICT

Tallahassee, Florida 32399

Telephone No. (904) 488-6151

February 5, 1993

CASE NO: 92-04116

L.T. CASE NO. 92-370-CF

Jason Todd Vv. State of Florida

Appellant(s), Appellee(s).

BY ORDER OF THE COURT:

The above-styled appeal being one which this Court has

deiermined to accord expedited treatment it is ordered that:

Z Pursuant to Rule 9.600(a), Florida Rules of Appellate

Procedure, as amended effective July 1, 1987, The Florida Bar re:

Amendments to Florida Rules of Appellate Procedure and Rules of

Judicial Administration, 509 So.2d 276 (Fla. 1987), all motions for

extension of time must be filed with, and directed to, this court.

y 2 No motions for extension of time will be granted

except in case of extreme emergency. Any such motion, whether

filed by a party or a court reporter, shall set forth with particularity

the grounds constituting such emergency.

3. Within ten days of this date, counsel for appellant (or

appellant if proceeding pro se) shall file with this court a certification

substantially as follows indicating the name, address, and telephone

number of the court reporter(s), if any, on whom appellant will rely

in preparing transcripts of proceedings:

Certification

I hereby certify that the following court reporter has been

requested to prepare and file a transcript of proceedings in

the above-styled appeal:

(name of court reporter)

43a

(address)

(telephone number)

The designations to the reporter were served on the reporter

on (date).

I have provided the court reporter a copy of this order on

(date).

-OR-

I hereby certify that no transcript has been or will be

requested to be prepared in connection with this appeal.

(signature of counsel of self-

represented appellant)

A copy of the certification shall be properly served on

opposing counsel and the court reporter.

4. In the event appellee has ordered or intends to order

preparation of a transcript from any court reporter not identified in

the appellant’s certification, appellee shall file a certification as

described above within ten days of service of the appeilant’s

certification.

3. Failure to timely comply with “ie terms of this order

may result in the imposition of sanctions possibly including, but not

limited to, dismissal of the appeal.

I HEREBY CERTIFY that the foregoing is (a true copy of) the

original court order.

JON S. WHEELER, CLERK

(SEAL)

By:_/s/_ Vickie Maloy

Deputy Clerk

Copies:

Wade L. Griffin Duncan A. Jones

John G. Crabtree Robert A. Butterworth

P. DeWitt Cason

pate te OA TB 00, dentate

Khoa OE.

| ita aaa

DISTRICT COURT OF APPEAL, FIRST DISTRICT

Tallahassee, FL 32399-1850

Telephone (904) 488-6151

February 26, 1993

CASE NO. 92-4116 and 92-4136

JASON TODD, et al. vs. STATE OF FLORIDA

Appellant/Petitioner Appellee/Respondent.

BY ORDER OF THE COURT:

Appellants’ motions filed February 10, 1993, are granted and

the above cases are consolidated for purposes of briefing. Time for

service of the initial brief is extended to March 17, 1993.

I HEREBY CERTIFY that the foregoing is (a true copy of) the

original court order.

JON S. WHEELER, CLERK

(SEAL)

By:_/s/_ Laurie Black

Copies:

Nancy Daniels John G. Crabtree

Robert A. Butterworth

45a

DISTRICT COURT OF APPEAL, FIRST DISTRICT

Tallahassee, FL 32399-1850

Telephone (904) 488-6151

March 3, 1993

LT 92-370-CF CASE NO. 92-4116

JASON TODD vs. STATE OF FLORIDA

Appellant/Petitioner Appellee/Respondent.

BY ORDER OF THE COURT:

In view of appellarit’s response to this court’s order giving

this case expedited treatment as a “child” case, this court’s order

dated February 5, 1993, is hereby vacated and this appeal shall not

be given further expedited treatment.

| HEREBY CERTIFY that the foregoing is (a true copy of) the

original court order.

JON S. WHEELER, CLERK

(SEAL)

By:_/s/ Laurie Black

Copies:

Nancy Daniels John G. Crabtree

Robert A. Butterworth P. DeWitt Cason

46a

DISTRICT COURT OF APPEAL, FIRST DISTRICT

Tallahassee, Florida 32399

Telephone No. (904) 488-6151

March 9, 1993

; CASE NO. 92-04116

L.T. CASE NO. 92-370-CF

Jason Todd Vv. State of Florida

Appellant(s), Appellee(s).

BY ORDER OF THE COURT:

Appellant’s motion for extension of time to serve initial brief,

. filed on March 5, 1993, is granted. Time for service of the initial

; brief is extended to April 16, 1993.

I HEREBY CERTIFY that the foregoing is (a true copy of) the

original court order.

JON S. WHEELER, CLERK

(SEAL)

By:__/s/_ Laurie Black

Deputy Clerk

| Copies:

Nancy Daniels John G. Crabtree

Robert A. Butterworth

47a

DISTRICT COURT OF APPEAL, FIRST DISTRICT

Tallahassee, Florida 32399

Telephone No. (904) 488-6151

March 9, 1993

CASE NO. 92-04116

L.T. CASE NO. 92-370-CF

Joseph Hugh Hutchingson v. State of Florida

Appellant(s), Appellee(s).

BY ORDER OF THE COURT:

Appellant’s motion for extension of time to serve initial brief,

filed on March 5, 1993, is granted. Time for service of the initial

brief is extended to April 16, 1993.

I HEREBY CERTIFY that the foregoing is (a true copy of) the

original court order.

JON S. WHEELER, CLERK

(SEAL)

By:__/s/_ Laurie Black

Deputy Clerk

Copies:

Nancy Daniels John G. Crabtree

Robert A. Butterworth

48a

DISTRICT COURT OF APPEAL, FIRST DISTRICT

Tallahassee, Florida 32399-1850

Telephone (904) 488-6151

April 21, 1993

CASE NO. 92-041 16/92-04136

JASON TODD v. STATE OF FLORIDA

Appellant Appellee

BY ORDER OF THE COURT:

It appears the initial brief filed on April 19, 1993 fails to

comply with Florida Rule of Appellate Procedure and/or the Florida

Rules of Judicial Administration as indicated below. Appellant is

ordered to show cause within 10 days why the brief should not be

stricken. In lieu of a response to this order, appellee may serve a

complete amended brief (original and 3 copies) within 10 days of this

order. Substitute pages will not be accepted to correct the cited

deficiencies. The brief should be clearly designated as “amended”

initial/answer/reply or cross-reply brief. Failure to respond to this

order or serve an amended brief may result in imposition of

sanctions, possibly including, but not limited to, dismissal of the case

and/or in the case of an unacceptable answer, reply or cross-reply

brief, submission of the case to the court without benefit of the brief.

Florida Rule of Appellate Procedure 9.410. The time for service of

any authorized responsive brief is tolled until service of the amended

brief or discharge of this show cause order.

GENERAL PREPARATION AND FORM

(Fla. R. App. P. 9.210(a)).

__ insufficient margins ___ ho cover sheet

___ inappropriate single spacing

__ more than 27 printed lines cover sheet lacking:

per page __ party on whose

AX. inappropriate type face or behalf brief is

characters per inch filed

__ no heading __ name/address of

49a

__ brief exceeds 50 pages attorney filing

__ no heading X lower tribunal

__ reply or cross-reply brief

exceed 15 pages

___ unauthorized paper used

(onionskin or nonwhite)

__ brief not securely bound

__ wrong size paper used

__ no table of contents table of citations:

__ table of contents does __ not included

not list issues for review __ does not list cases

__ no statement of the case alphabetically

__ no statement of the facts __ does not show page

__ no summary of argument numbers on which

___ summary of argument exceeds citations appear

five pages __ no conclusion

__ conclusion exceeds

one page

SUBSTANCE OF BRIEF (Fla. R. App. P. 9.210(b)):

__ record references lacking __ conclusion fails to set

or insufficient forth precise relief

___ summary of argument merely sought

repetition of argument __ answer brief is not

headings responsive to initial

brief

__ fails to state precise

issues presented for

review

OTHER

__ failure to file original __ copied material (appendix,

and three copies of brief etc.) illegible

__ recycled paper not used __ no certificate of service

(Fla.R.Jud.Admin. 2.055) (Fla.R.App.P. 9.420)

__ brief not signed by counsel

or pro se party

(Fla.R.Jud.Admin. 2.060(d))

50a

elms 8 IBN oe. hte PT Ti Ne Bie SRN A SR RA RPA Be avahbontio sate e

__ other (as specified):

I HEREBY CERTIFY that the foregoing is (a true copy of) the

original court order.

Jon S. Wheeler, Clerk

By:_/s/ Laurie Black

Deputy Clerk

Copies:

Nancy Daniels

Robert A. Butterworth

S5la

(SEAL)

John G. Crabtree

DISTRICT COURT OF APPEAL, FIRST DISTRICT

Tallahassee, Florida 32399

Telephone No. (904) 488-6151

May 20, 1993

CASE NO: 92-041 16/92-04136

L.T. CASE NO. 92-370-CF

Jason Todd v. State of Florida

Appellant(s), Appellee(s).

BY ORDER OF THE COURT:

Upon review of the recently filed amended brief/response by

the appellant in this case, the court sua sponte discharges its order of

April 21, 1993 requiring appellant to file an amended brief or to

show cause why the sanctions should not be imposed.

I HEREBY CERTIFY that the foregoing is (a true copy of) the

original court order.

JON S. WHEELER, CLERK

(SEAL)

By:__/s/_ Laurie Black

Deputy Clerk

Copies:

Nancy Daniels John G. Crabtree

Robert A. Butterworth

52a

DISTRICT COURT OF APPEAL, FIRST DISTRICT

Tallahassee, Florida 32399

Telephone No. (904) 488-6151

June 4, 1993

CASE NO: 92-04116

L.T. CASE NO. 92-370-CF

Jason Todd v. State of Florida

Appellant(s), Appellee(s).

BY ORDER OF THE COURT:

Appellee’s motion for extension of time to serve answer

brief, filed on May 27, 1993, is granted. Time for service of the

answer brief is extended to June 28, 1993.

1 HEREBY CERTIFY that the foregoing is (a true copy of) the

original court order.

JON S. WHEELER, CLERK

(SEAL)

By: _/s/ Laurie Black _

Deputy Clerk

Copies:

Nancy Daniels John G. Crabtree

Michael J. Neimand

53a

DISTRICT COURT OF APPEAL, FIRST DISTRICT

Tallahassee, Florida 32399

Telephone No. (904) 488-6151

June 4, 1993

CASE NO: 92-04116/92-04136

L.T. CASE NO. 92-370-CF

Jason Todd Vv. State of Florida

Appellant(s), Appellee(s).

CORRECTED

BY ORDER OF THE COURT:

Appellee’s motion for extension of time to serve answer

brief, filed on May 27, 1993, is granted. Time for service of the

answer brief is extended to June 28, 1993.

I HEREBY CERTIFY that the foregoing is (a true copy of) the

original court order.

JON S. WHEELER, CLERK

(SEAL)

By: __/s/ Laurie Black

Deputy Clerk

Copies:

Nancy Daniels John G. Crabtree

Michael J. Neimand

54a

DISTRICT COURT OF APPEAL, FIRST DISTRICT

Tallahassee, Florida 32399

Telephone No. (904) 488-6151

July 2, 1993

CASE NO: 92-041 16/92-04136

L.T. CASE NO. 92-370-CF

Jason Todd Vv. State of Florida

Appellant(s), Appellee(s).

BY ORDER OF THE COURT:

Appellee’s motion for extension of time to serve answer

brief, filed on June 30, 1993, is granted. Time for service of the

answer brief is extended to July 28, 1993. No further extensions will

be granted to movant except in case of emergency.

I HEREBY CERTIFY that the foregoing is (a true copy of) the

original court order.

JON S. WHEELER, CLERK

By:_/s/ Laurie Black (SEAL)

Deputy Clerk

Copies:

Nancy Daniels John G. Crabtree

Michael J. Neimand

55a

DISTRICT COURT OF APPEAL, FIRST DISTRICT

Tallahassee, Florida 32399

Telephone No. (904) 488-6151

August 11, 1993

CASE NO: 92-04116/92-04136

Jason Todd Vv. State of Florida

Appellant(s), Appellee(s).

BY ORDER OF THE COURT:

It appears the answer brief filed on July 26, 1993 fails to

comply with Florida Rules of Appellate Procedure and/or the Florida

Rules of Judicial Administration as indicated below. Appellee is

ordered to show cause within 10 days why the brief should not be

stricken. In lieu of a response to this order, appellee may serve a

complete amended brief (original and 3 copies) within 10 days of this

order. Substitute pages will not be accepted to correct the cited

deficiencies. The brief should be clearly designated as “amended”

initial/answer/reply or cross-reply brief. Failure to respond to this

order or serve an amended brief may result in imposition of

sanctions, possibly including, but not limited to, dismissal of the case

and/or in the case of an unacceptable answer, reply or cross-reply

brief, submission of the case to the court without benefit of the brief.

Florida Rule of Appellate Procedure 9.410. The time for service of

any authorized responsive brief is tolled until service of the amended

brief or discharge of this show cause order.

GENERAL PREPARATION AND FORM

(Fla. R. App. P. 9.210(a)).

___ insufficient margins __ no cover sheet

__ inappropriate single spacing

__ more than 27 printed lines cover sheet lacking:

per page __ party on whose

56a

__ inappropriate type face or behalf brief is

characters per inch filed

; __ no heading __ name/address of

__ brief exceeds 50 pages attorney filing

__ no heading __ lower tribunal

__ reply or cross-reply brief

exceed 15 pages

___ unauthorized paper used

(onionskin or nonwhite)

__ brief not securely bound

__ wrong size paper used

__ no table of contents table of citations:

__ table of contents does __ not included

not list issues for review __ does not list cases

__ no statement of the case alphabetically

__ no statement of the facts __ does not show page

___ ho summary of argument numbers on which

___ summary of argument exceeds citations appear

five pages X. no conclusion

__ conclusion exceeds

one page

SUBSTANCE OF BRIEF (Fla. R. App. P. 9.210(b)):

__ record references lacking __ conclusion fails to set

or insufficient forth precise relief

___ summary of argument merely sought

repetition of argument __ answer brief is not

headings responsive to initial

brief

__ fails to state precise

issues presented for

review

OTHER

__ failure to file original __ copied material (appendix,

and three copies of brief etc.) illegible

__ recycled paper not used X_ no certificate of service

(Fla.R.Jud.Admin. 2.055) (Fla.R.App.P. 9.420)

X. brief not signed by counsel

57a

or pro se party

(Fla.R.Jud.Admin. 2.060(d))

__ other (as specified):

| HEREBY CERTIFY that the foregoing is (a true copy of) the

original court order.

Jon S. Wheeler, Clerk

(SEAL)

By:_/s/ Laurie Black

Deputy Clerk

Copiés:

Nancy Daniels John G. Crabtree

Michael J. Neimand

58a

DISTRICT COURT OF APPEAL, FIRST DISTRICT

Tallahassee, Florida 32399

Telephone No. (904) 488-6151

August 18, 1993

CASE NO: 92-04116

L.T. CASE NO. 92-370-CF

Jason Todd Vv. State of Florida

Appellant(s), Appellee(s).

BY ORDER OF THE COURT:

Motion to enlarge page limits, filed August 17, 1993, is

denied without prejudice to refile the motion along with the original

and three copies of the proposed reply brief. Bennett v. Florida

National Bank, 517 So.2d 97 (Fla. Ist DCA 1987).

I HEREBY CERTIFY that the foregoing is (a true copy of) the

original court order.

JON S. WHEELER, CLERK

(SEAL)

By:__/s/ Laurie Black _

Deputy Clerk

Copies:

Nancy Daniels John G. Crabtree

Michael J. Neimand

59a

DISTRICT COURT OF APPEAL, FIRST DISTRICT

Tallahassee, Florida 32399

Telephone No. (904) 488-6151

August 18, 1993

CASE NO: 92-04136

L.T. CASE NO. 92-370-CF

ie Hugh Hutchingson v. State of Florida

Aaguliuaiie. Appellee(s).

BY ORDER OF THE COURT:

Motion to enlarge page limits, filed August 17, 1993, is

denied without prejudice to refile the motion along with the original

and three copies of the proposed reply brief. Bennett v. Florida

National Bank, 517 So.2d 97 (Fla. Ist DCA 1987).

I HEREBY CERTIFY that the foregoing is (a true copy of) the

original court order.

JON S. WHEELER, CLERK

(SEAL)

By:__/s/ Laurie Black

Deputy Clerk

Copies:

Nancy Daniels John G. Crabtree

Michael J. Neimand

DISTRICT COURT OF APPEAL, FIRST DISTRICT

Tallahassee, Florida 32399

Telephone No. (904) 488-6151

August 26, 1993

CASE NO: 92-04116/92-04136

L.T. CASE NO. 92-370-CF

Jason Todd Vv. State of Florida

Appellant(s), Appellee(s).

BY ORDER OF THE COURT:

Upon Review of the recently filed amended brief/response by

the Appellee in this case, the court sua sponte discharges its order of

August 11, 1993 requiring appellee to file an amended brief or to

show cause why the sanctions should not be imposed.

I HEREBY CERTIFY that the foregoing is (a true copy of) the

original court order.

JON S. WHEELER, CLERK

(SEAL)

By:__/s/ Vickie Maloy

Deputy Clerk

Copies:

Nancy Daniels John G. Crabtree

Michael J. Neimand

6la

DISTRICT COURT OF APPEAL, FIRST DISTRICT

Tallahassee, Florida 32399

Telephone No. (904) 488-6151

DATE August 30, 1993

CASE NO: 92-4136 & 92-4116 (consolidated)

L.T. CASE NO. 92-370-CF

appellant/petitioner, appellee/respondent

BY ORDER OF THE COURT:

The motion of the American Jewish Congress, et ai. for leave

to appear as amici curiae before this court aligned with the appellees

is granted.

| HEREBY CERTIFY that the foregoing is (a true copy of) the

original court order.

Jon S. Wheeler, Clerk

By:__/s/ Laurie Black (SEAL)

Deputy Clerk

Copies:

Nancy Daniels John G. Crabtree

Michael J. Neimand Mitchell Horwich

Marc D. Stern Lois C. Waldman

Thomas A. Horkan, Jr.

62a

DISTRICT COURT OF APPEAL, FIRST DISTRICT

Tallahassee, Florida 32399

Telephone No. (904) 488-6151

September 14, 1993

CASE NO: 92-04116

L.T. CASE NO. 92-370-CF

Jason Todd Vv. State of Florida

Appellant(s), Appellee(s).

BY ORDER OF THE COURT:

Appellant’s motion for extension of time to serve reply brief,

filed on September 3, 1993, is granted. Time for service of the reply

brief is extended to October 11, 1993.

I] HEREBY CERTIFY that the foregoing is (a true copy of) the

original court order.

JON S. WHEELER, CLERK

By:___/s/ Laurie Black (SEAL)

Deputy Clerk

Copies:

Nancy Daniels John G. Crabtree

Michael J. Neimand Mitchell Horwich

Marc Stern Lois C. Waldman

Thomas A. Horkan, Jr.

63a

DISTRICT COURT OF APPEAL, FIRST DISTRICT

Tallahassee, Florida 32399

Telephone No. (904) 488-6151

September 14, 1993

CASE NO: 92-04136

L.T. CASE NO. 92-370-CF

Joseph Hugh Hutchingson v. State of Florida

Appellant(s), Appellee(s).

BY ORDER OF THE COURT:

Appellant’s motion for extension of time to serve reply brief,

filed on September 3, 1993, is granted. Time for service of the reply

brief is extended to October 11, 1993.

! HEREBY CERTIFY that the foregoing is (a true copy of) the

original court order.

JON S. WHEELER, CLERK

By:___/s/ Laurie Black (SEAL)

Deputy Clerk

Copies:

Nancy Daniels John G. Crabtree

Michael J. Neimand Mitchell Horwich

Marc Stern Lois C. Waldman

Thomas A. Horkan, Jr.

DISTRICT COURT OF APPEAL

Tallahassee, Florida 32399

Telephone No. (904) 488-6151

October 22, 1993

CASE NO. 92-04116

L.T. CASE NO. 92-370-CF

Jason Todd Vv. State of Florida

Appellant(s), Appellee(s).

BY ORDER OF THE COURT:

Appellant’s motion for extension of time to serve reply brief,

filed on October 8, 1993, is granted. Time for service of the reply

brief is extended to November 10, 1993. No further extensions will

be granted to movant except in case of emergency.

1 HEREBY CERTIFY that the foregoing is (a true copy of) the

original court order.

JON S. WHEELER, CLERK

(SEAL)

By:__/s/_ Karen Roberts

Deputy Clerk

Copies:

Nancy Daniels John G. Crabtree

Michaei J. Neimand Mitchell Horwich

Marc Stern Lois C. Waldman

Thomas A. Horkan, Jr.

65a

DISTRICT COURT OF APPEAL, FIRST DISTRICT

Tallahassee, Florida 32399-1850

Telephone (904) 488-6151

DATE: April 26, 1994

CASE NO.: 92-4116/92-4136

JASON TODD & JOSEPH HUGH vs. STATE OF FLORIDA

HUTCHINGSON

Appellants/Petitioners Appellee/Respondent

BY ORDER OF THE COURT:

The above cases, previously consolidated for purposes of

briefing, are simsilarly consolidated for the purpose of oral

argument. Oral argument is granted and each party is permitted a

total of 15 minutes per side as to both of the consolidated cases. Oral

argument is set for June 2, 1994, at 9:00 A.M. at the First District

Court of Appeal, 300 Martin Luther King, Jr. Boulevard,

Tallahassee, Florida, 32399-1850.

1 HEREBY CERTIFY that the foregoing is a true copy of the

original court order.

JON S. WHEELER, CLERK

(SEAL)

By:_/s/_ Sondra Joyner

Deputy Clerk

Copies: Nancy Daniels

John G. Crabtree

Michael J. Neimand

Mitchell Horwich

Marc Stern

Lois C. Waldman

Thomas A. Horkan, Jr.

66a

Supreme Court of Florida

WEDNESDAY, JANUARY 18, 1995

JASON TODD,

Petitioner,

v.

CASE NO. 84,512

STATE OF FLORIDA, District Court of Appeal,

ist District - No. 92-4136

a = 2 a ee oS ee

Respondent.

a

kkREKKKKKKRKR KEK KK KK

This cause having heretofore been submitted to the Court on

jurisdictional briefs and portions of the record deemed necessary to

reflect jurisdiction under Article V, Section 3(b), Florida Constitution

(1980), and the court having determined that it should decline to

accept jurisdiction, it is ordered that the Petition for Review is

denied.

No Motion for Rehearing will be entertained by the court.

See Fla. R. App. P. 9.330(d).

OVERTON, SHAW, HARDING, WELLS and ANSTEAD, JJ.,

concur

A True Copy BHP

Ge: Hon. Jon S. Wheeler, Clerk

TEST: Hon. P. Dewitt Cason, Clerk

Hon. L. Arthur Lawrence, Judge

(SEAL)

P. Daniel Brinkmeyer, Atty.

Sid J. White Nancy Daniels, Atty.

Clerk, Supreme Court John G. Crabtree, Atty.

Michael J. Neimand, Atty.

James W. Rogers, Atty.

Marc D. Stern, Atty.

67a

Lois Waldman, Atty.

Thomas A. Horkan, Jr., Atty.

Mitchell Horwich, Atty.

68a

Supreme Court of Florida

FRIDAY, FEBRUARY 10, 1995

JOSEPH HUGH HUTCHISON,*

Petitioner,

v. CASE NO. 84,347

=

*

*

*

*

STATE OF FLORIDA, ° District Court of Appeal,

° Ist District - No. 92-4136

Respondent. °

*

a

Kee KkRK KKK KKK KK KK K

This cause having heretofore been submitted to the Court on

jurisdictional briefs and portions of the record deemed necessary to

reflect jurisdiction under Article V, Section 3(b), Florida Constitution

(1980), and the court having determined that it should decline to

accept jurisdiction, it is ordered that the Petition for Review is

denied.

No Motion for Rehearing will be entertained by the court.

See Fla. R. App. P. 9.330(d).

GRIMES, C.J., OVERTON, KOGAN, HARDING and WELLS, JJ.,

concur

SHAW and ANSTEAD, JJ., dissent

A True Copy BHP

cc: Hon. Jon S. Wheeler, Clerk

TEST: Hon. P. Dewitt Cason, Clerk

Hon. L. Arthur Lawrence, Judge

(SEAL)

Mr. John G. Crabtree

Sid J. White Mr. Michael J. Neimand

Clerk, Supreme Court Mr. P. Douglas Brinkmeyer

69a

Mr. Lois Waldman

Mr

Mr

Mr

70a

. Marc D. Stern

. Thomas A. Horkin, Jr.

. Mitchell Horwich

DISTRICT COURT OF APPEAL, FIRST DISTRICT

Tallahassee, Florida 32399

Telephone No. (904) 488-6151

October 11, 1994

CASE NO: 92-04116

L.T. CASE NO. 92-370-CF

Jason Todd Vv. State of Florida

Appellant(s), Appellee(s).

BY ORDER OF THE COURT:

Motion for rehearing, filed September 6, 1994, is DENIED.

| HEREBY CERTIFY that the foregoing is (a true copy of) the

original court order.

JON S. WHEELER, CLERK

By: _/s/ Sondra Joyner

(SEAL)

Deputy Clerk

Copies:

Nancy Daniels John G. Crabtree

Michael J. Neimand Mitchell Horwich

Marc Stern Lois C. Waldman

Thomas A. Horkan, Jr. James W. Rogers

Tila

Chapter 38, Section 1005-5-3.2(a) of the 1989 Illinois Statutes

provided:

(a) The following factors shall be accorded weight in favor of

imposing a term of imprisonment or may be considered by the court

as reasons to impose a more severe sentence under Section 5-8-1.

(1) the defendant's conduct caused or threatened serious

harm;

(2) the defendant received compensation for committing

the offense;

(3) the defendant has a history of prior delinquency or

criminal activity;

(4) the defendant, by the duties of his office or by his

position, was obligated to prevent the particular offense committed

or to bring the offenders committing it to justice;

(5) the defendant held public office at the time of the

offense, and the offense related to the conduct of that office;

(6) the defendant utilized his professional reputation or

position in the community to commit the offense, or to afford him an

easier means of committing it;

(7) the sentence is necessary to deter others from

committing the same crime;

(8) the defendant committed the offense against a person

who is physically handicapped;

(10) _ the offense took place in a place of worship or on the

grounds of a place of worship, immediately prior to, during or

immediately following worship services. For purposes of this

subparagraph, “place of worship" shall mean any church, synagogue

or other building, structure or place used primarily for religious

worship;

(11) the defendant was convicted of a felony committed

while he was released on bail or his own recognizance pending trial

for a prior felony and was convicted of such prior felony, or the

defendant was convicted of a felony committed while he was serving

a period of probation or conditional discharge for a prior felony;

(12) the defendant committed or attempted to commit a

felony while he was wearing a bulletproof vest. For the purposes of

this paragraph (12), a bulletproof vest is any device which is

designed for the purpose of protecting the wearer from bullets, shot

72a

or other lethal projectiles;

(13) _ the defendant held a position of trust or supervision

such as, but not limited to, teacher, scout leader, baby sitter, or day

care worker, in relation to a victim under 18 years of age, and the

defendant committed an offense in violation of Section 11-6, 11-11,

11-15.1, 141-19.1, 11-19.2, 11-20.1, 12-13, 12-14, 12-15 or 12-16 of

the Criminal Code of 1961 against the victim.

73a

ne

Bill Analysis

FLORIDA HOUSE OF REPRESENTATIVES

STAFF SUMMARY AND ANALYSIS

CS for HB 235 and 351 by DATE: _January 20, 1982

C ; Pciminal Justice

Elaine Gordon and L.J. Smith REVISED:_January 20, 1982

relating to criminal mischief

REVISED:

Other Committee of Reference:

None SENATE BILL:

| __ SUMMARY

A. __ PRESENT SITUATION:

Section 806.13, Florida Statutes, defines “criminal mischief”

as an offense where the perpetrator willfully and maliciously injures

or damages any real or personal property of another.

This section further provides that if the damage done is $200

or less, the crime is a second degree misdemeanor punishable by a

definite term of imprisonment not to exceed 60 days and a fine of

$500. If the damage done exceed $200 but does not exceed $1,000,

the crime is a first degree misdemeanor punishabie by a definite term

of imprisonment not to exceed one year and a fine of $1,000. If the

damage done exceeds $1,000 or if the operation of a business is

interrupted or impaired, the crime is a third degree felony,

punishable by a term of imprisonment not to exceed 5 years and a

fine of $5,000.

B,_ _ EFFECT OF PROPOSED CHANGES:

This bill would create a new section which provides that any

person who “defaces, tampers with, or commits an act of criminal

mischief” to a church, synagogue, mosque or other place of worship

or other real property used for religious purposes, or to any religious

74a

article contained therein will be guilty of a third degree felony

punishable by a term of imprisonment not to exceed 5 years and a

fine of $5,000. This bill omits the criminal classifications based on

the value of damage done (which are enumerated in §806. 13) if the

mischief is committed in a place of worship.

This bill also provides that if in the perpetration of criminal

mischief upon a place of worship, bodily injury results to another,

the perpetrator shall be guilty of a second degree felony punishable

by a term of imprisonment not to exceed 15 years and a fine of

$10,000. This bill expressly specifies that real property shall include

but not be limited to places used or intended to be used for the

permanent interment of human remains.

IL___ FISCAL IMPACT

The Department of Corrections has no present data that

distinguishes criminal mischief in a place of worship from other acts

of criminal mischief. As such there is no definitive method which

could predict, with any preciseness, the fiscal impact of this bill.

The Department of Corrections, however, concedes that the fiscal

impact of this bill will likely be minimal.

lil, COMMENTS

It is believed that legislation of this type is necessary to

curtail the increasing number of criminal mischief acts committed in

a place [sic] of worship and in cemeteries.

IV, _ AMENDMENTS

Prepared by: ls/

Edward G. Sullivan

Staff Director: _ls/

Thomas R. Tedcastle

Copy to Sponsor: _January 20, 1982

75a

This is a copy of a public record, reproduced as it was published. It is not legal advice, and it may not be the version a court would rely on. Check the official source before you cite it.

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