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ble and triple hearsay directed toward filing charges against a defendant named See A.6 (Palm Beach Police Department - Probable Cause Affidavit of J. Recarey, dated May 1, 2006). Furthermore, the Florida State Attorney msly rejected the claims asserted in the police affidavit (which sought to charge as
lice Department - Probable Cause Affidavit of J. Recarey, dated May 1, 2006). Furthermore, the Florida Sta
25 C. Determining Appellant To Be a Level 3 Offender Based on Factors That Were Not Proven by Clear and Convincing Evidence Violated Appellant's Federal Due Process Rights. 32 H. THE COURT BASED ITS LEVEL 3 DETERMINATION UPON IMPROPER CONSIDERATIONS. 36 A. The Court Improperly Assessed Points Against Appellant fo
hearsay directed toward filing charges against a defendant named Sarah Kellen. See A.6 (Palm Beach Police Department - Probable Cause Affidavit of J. Recarey, dated May 1, 2006). Furthermore, the Florida State Attorney expressly rejected the claims asserted in the police affidavit (which sought to charge
lice Department - Probable Cause Affidavit of J. Recarey, dated May 1, 2006). Furthermore, the Florida Sta
25 C. Determining Appellant To Be a Level 3 Offender Based on Factors That Were Not Proven by Clear and Convincing Evidence Violated Appellant's Federal Due Process Rights. 32 II. THE COURT BASED ITS LEVEL 3 DETERMINATION UPON IMPROPER CONSIDERATIONS 36 A. The Court Improperly Assessed Points Against Appellant fo
t submitted by police to the Florida prosecutor. See A.65 (Board Recommendation); A.6 (Palm Beach Police Department - Probable Cause Affidavit of J. Recarey, dated May 1, 2006). The allegations, even when aggregated, were not deemed by the Florida prosecutor who reviewed them to constitute sufficient "p
lice Department - Probable Cause Affidavit of J. Recarey, dated May 1, 2006). The allegations, even when
25 C. Determining Appellant To Be a Level 3 Offender Based on Factors That Were Not Proven by Clear and Convincing Evidence Violated Appellant's Federal Due Process Rights. 32 II. THE COURT BASED ITS LEVEL 3 DETERMINATION UPON IMPROPER CONSIDERATIONS 36 A. The Court Improperly Assessed Points Against Appellant fo
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