Fort Walton Beach Council agenda — 08-08-2006 ‎(executive)‎ — reading text

It is so ordered. with the Consent of the Parties ( Jul. 01, 2004) Original Image of this Document (PDF) WELLS, ANSTEAD, LEWIS, QUINCE, SC04- 925 ( Docket) ( Jun. 03, 2004) CANTERO and BELL, JJ., concur. 2004 WL 1868946 ( Appellate Brief) Brief Filed Fla., 2004. by Leave of Court% n*% n Of Amicus Curiae, The Bush v. Schiavo Center for Human Life and Bioethics at the Family @ 2006 Thomson/West. No Claim to Orig. U.S. Govt. Works. 497D- 9703- 0CFDA... 8/ 3/ 2006 https:// web2.westlaw. comlprintJprintstream. aspx?utid=%257b87F I E849- A561-  i\~ t!a\ I\~ 892 So.2d 554 Page 1 892 So.2d 554, 30 Fla. L.Weekly D333 Cite as: 892 So. 2d 554) H disregarded language of sentence imposed against former inmate by trial court that provided that sentence was to be concurrent and coterminous to Briefs and Other Related Documents sentence imposed against former inmate in unrelated case, and DOC instead ran sentence consecutive to District Court of Appeal of Florida, sentence imposed against former inmate in another Third District. unrelated case that was not mentioned in sentence Maurice WHIPPLE, Appellant. imposed by trial court; concurrent and cotenninous v. language of sentence was nullity because sentence DEPARTMENT OF CORRECTIONS, STATE of referred to had been fully served, so DOC was Florida, Appellee. statutorily obligated to run sentence consecutive to No. 3D03- 2877. sentence imposed in another unrelated case not mentioned in sentence imposed by trial court. West' s Feb. 2, 2005. F. S. A. & 921. 16(1). Rehearing Denied Feb. 2, 2005. 79 ill Constitutional Law €:=> Background: Former inmate brought action against 92k79 ,Most Cited Cases state Department of Corrections ( DOC) for negligence and false imprisonment. The Circuit ill Prisons ~ 14 Court, Miami-Dade County, Stuart M. Simons, J., 31 Ok 14 Most Cited Cases entered summary judgment for DOC on the false Refusal of state Department of Corrections ( DOC) to imprisonment claim. Former inmate appealed. give effect to language in sentence stating that sentence was to be concurrent and coterminous to Holdings: On motion for clarification, the District sentence entered in unrelated case was not Court of Appeal, Green, J., held that: encroachment by executive agency on powers of ill DOC did not falsely imprison former inmate judiciary in violation of separation of powers when DOC disregarded language of sentence doctrine; concurrent and coterminous language of imposed by trial court that provided that sentence sentence was legal nullity or mere surplusage as was be concurrent and coterminous to sentence to sentence referred to had been fully served, so DOC imposed against former inmate in unrelated case; was not refusing to implement otherwise valid ill refusal of DOC to give effect to concurrent and coterminous sentence. West' s F. S. A. Const. Art. 2. & coterminous language in sentence was not 1. encroachment by executive agency on powers of judiciary in violation of separation of powers ill Constitutional Law €;:;:>50 doctrine; 92k50 Most Cited Cases ill decision of DOC to disregard concurrent and Separation of powers doctrine encompasses two cotenninous language of sentence, and instead to run fundamental of which first is that prohibitions, no sentence consecutive to sentence in another unrelated branch may encroach upon powers of another branch, case not referred to by sentence, did not violate rule and second is that no branch may delegate to another of lenity; and branch its West' s constitutionally assigned power. failure of DOC to give effect to concurrent and F. S. A. Const. Art. 2. & 3. coterminous language of sentence did not violate former inmate' s right against double jeopardy. ID Prisons ~ 14 Affirmed. 310k14 Most Cited Cases Decision of state Department of Corrections ( DOC) West Headnotes to disregard language in sentence imposed against former inmate that stated that sentence was to be ill False Imprisonment ~ 8 and coterminous to concurrent sentence imposed 168k8 Most Cited Cases against former inmate in unrelated case, and instead State Department of Corrections ( DOC) did not to run sentence consecutive to sentence in another falsely imprison former inmate when DOC unrelated case not referred to by sentence, did not @ 2006 Thomson/West. No Claim to Orig. U.S. Govt. Works. 892 So. 2d 554 Page 2 892 So.2d 554, 30 Fla. L.Weekly D333 Cite as: 892 So. 2d 554) violate rule of lenity, which required that ambiguities was released from jail on the same day that the be construed most favorably to accused; concurrent sentence was imposed. and coterminous language of sentence could not be FN 1. State v. Whipple, Duval County Circuit given legal effect because sentence referred to had Court Case No. 94- 8043- CF- A already been served, so there was no ambiguity, and DOC was obligated by statute to run sentence consecutive to sentence in another unrelated case that On December 8, 1994, Whipple was sentenced in S1. was not mentioned in sentence. West' s F. S. A. ~ & Johns County, in two unrelated cases, to two 775. 021, 921. 16(1). concurrent prison sentences of three years and six months ( tlSt. Johns sentence"). [ FN21 While serving 24 these sentences, Whipple was sentenced on July 20, ill Double Jeopardy ~ I 35Hk24 Most Cited Cases 1995, in Miami- Dade County, to a three and one- half Failure of state Department of Corrections ( DOC) to year imprisonment term in yet another unrelated case Dade sentence"). The Dade sentence specified that give effect to language in sentence imposed against it was to be served concurrent and coterminous with former inmate that provided that sentence was to be the Duval sentence. rFN3 J The Dade sentence, concurrent and coterminous with sentence imposed however, did not address the St. Johns sentence against former inmate in unrelated case did not which Whipple was then serving. violate former inmate' s right against double jeopardy; concurrent and coterminous language in sentence was nullity because sentence in unrelated case had already FN2. State v. Whipple, St. Johns County Circuit Court Case No. CF93- 1676, and been served, and various sentences imposed against State v. Whipple, St. Johns County Circuit former inmate were imposed for different offenses in Court Case No. CF93- 1205. different prosecutions. U. S. C. A. Const.Amend. 5. 556 Jepeway & Jepeway, P. A., and Louis M. FN3. State v. Whipple, Miami- Dade County Jepeway. Jr., for appellant.