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t ban. Application for Review of the Decision of the District Court of Appeal - Direct Conflict of Decisions Third District - Case No. 3D04-2149 (Dade County) Bennett H. Brummer, Public Defender, and Thomas Regnier, Assistant Public Defender, Eleventh Judicial Circuit, Miami, Florida, for Petitioner Bi
levant to the offender's deviant behavior pattern" would modify only "electronic media, computer programs, or computer services." See State ex rel. Owens v. Pearson, 156 So. 2d 4, 6 (Fla. 1963) ("[F]ollowing an enumeration in a series, a qualifying phrase will be read as limited to the last of the se
and (4) a series of intervening nouns. § 948.03(5)(a)(7), Fla. Stat. (1999); see also Bismarck Lumber, 314 U.S. at 100; Bodden, 877 So. 2d at 685; Owens, 156 So. 2d at 5; Wagner, 88 So. 2d 612-13. In sum, there is only one acceptable, grammatically sound interpretation of the statute—the plain-text
ami city attorney accused of having sex with underage prostitutes and videotaping the sessions. Mr. Kutun pleaded guilty on May 18, 2007 in a Miami- Dade County courtroom as part of an agreement with State prosecutors and he received five years probation and a withholding of adjudication with no requirement
ernment had to show that Sims benefited financially from Owen's sexual activity and that Sims knew that (a) force or cocrcion would be used to cause Owens to engage in a criminal sex act or (b) that Owens was under the age of 18.) (emphasis added). Again, none of these factors is present in this case.
ami city attorney accused of having sex with underage prostitutes and videotaping the sessions. Mr. Kutun pleaded guilty on May 18, 2007 in a Miami- Dade County courtroom as part of an agreement with State prosecutors, and he received five years probation and a withhold of adjudication with no requirement to
rnment had to show that Sims benefited financially from Owen's sexual activity and that Sims knew that (a) force or coercion would be used to cause Owens to engage in a criminal sex act or (b) that Owens was under the age of 18." (emphasis added). The Eleventh Circuit's interpretation of the statute
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