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Fessenden v. State

District Court of Appeal of Florida, Second District
Jul 17, 1998
713 So. 2d 1093 (Fla. Dist. Ct. App. 1998)

Opinion

No. 96-00129

Opinion filed July 17, 1998.

Appeal from the Circuit Court for Pinellas County; Philip A. Federico, (Senior) Judge.

James Marion Moorman, Public Defender, Bartow, and Megan Olson, Assistant Public Defender, Clearwater, for Appellant.

Robert A. Butterworth, Attorney General, Tallahassee, and Ann Pfeiffer Corcoran, Assistant Attorney General, Tampa, for Appellee.


The appellant, John Fessenden, and codefendant 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. InAmos v. State, 23 Fla. L. Weekly D1156 (Fla. 2d DCA Apr. 27, 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.

As 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?

Reversed.

ALTENBERND and WHATLEY, JJ., Concur.


Summaries of

Fessenden v. State

District Court of Appeal of Florida, Second District
Jul 17, 1998
713 So. 2d 1093 (Fla. Dist. Ct. App. 1998)
Case details for

Fessenden v. State

Case Details

Full title:JOHN HOLLIS FESSENDEN, Appellant, v. STATE OF FLORIDA, Appellee

Court:District Court of Appeal of Florida, Second District

Date published: Jul 17, 1998

Citations

713 So. 2d 1093 (Fla. Dist. Ct. App. 1998)

Citing Cases

State v. Fessenden

PER CURIAM. We originally accepted jurisdiction to review Fessenden v. State, 713 So.2d 1093 (Fla.2d DCA…