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713 So. 2d 1093

Fessenden v. State

District Court of Appeal of Florida · decided 1998-07-17

Relies on 711 So. 2d 1197 - Amos v. State

Good law ✅— No negative treatment on recordhow we know

Decided 1998-07-17

How this case has been cited

Cited by 4 later decisions — most recently October 2010

4 state decisions

20199820002010decided

Later decisions citing this case, by decade. The current decade is in progress, and our corpus holds fewer opinions from the most recent years, so the latest bars are undercounted — not a real decline.

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PATTERSON, Acting Chief Judge.

¶1The appellant, John Fessenden, and code-fendant Charles Amos were charged in an indictment and a superseding information with violating Florida’s Racketeer Influenced and Corrupt Organizations (RICO) Act and multiple counts of grand theft. In Amos v. State, 711 So.2d 1197 (Fla. 2d DCA 1998), we determined that the conduct asserted did not constitute grand theft. Based on Amos, we therefore reverse Fessenden’s convictions and direct that he be discharged.

¶2As we did in Amos, we certify to the supreme court the following question which we determine to be of great public importance:

IS THE OBTAINING OF A REDUCED INITIAL PREMIUM FOR WORKERS’ COMPENSATION INSURANCE BY MISREPRESENTATIONS OF STATUTORILY-REQUIRED FACTORS USED TO DETERMINE THAT PREMIUM THEFT UNDER SECTION 812.014, FLORIDA STATUTES?

¶3Reversed.

ALTENBERND and WHATLEY, JJ., concur.
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