Arrestable Offenses / Crimes under Fla. Stat. 849.25
CopyCited 112 times | Published | Supreme Court of Florida | 1989 WL 34342
...Instead, a note should replace the instruction on that page as follows: Note to Judge: Prepare the definition of "delinquency" or of "dependency" based on the statutory definitions in effect at the time of the alleged offense. See F.S.
39.01. 14. Page 216 provides an instruction on bookmaking. Section
849.25, Florida Statutes, was amended by Chapter 87-243, Section 48, Laws of Florida....
...A weapon is a "deadly weapon" if it is used or threatened to be used in a way likely to produce death or great bodily harm. A "weapon" is legally defined to mean any object that could be used to cause death or inflict serious bodily harm. Also define "attempt" (see page 55). EXHIBIT 7 BOOKMAKING F.S. 849.25(1) Before you can find the defendant guilty of Bookmaking, the State must prove the following two three elements beyond a reasonable doubt: Elements 1....
...The bet or wager was upon the result of [a trial or contest of skill, speed, power, or endurance of [man] or [beast.]] *1217 [between men, beasts [fowl,] [motor vehicles] or [mechanical apparatuses].] [a chance, casualty, or unknown or contingent event.] F.S. 849.25(1)(b) To determine whether (defendant) was engaged in the offense of bookmaking the following factors shall be considered: 1....
...Taking or receiving wagers on both sides of a contest at the identical point spread. 7. Any other factor relevant to establishing that the operating procedures of such person are commercial in nature. Note to Judge It is the committee's opinion that F.S. 849.25(1)(c) is for the judge and not the jury....
...849.11 Gambling devices, etc.
849.231 Lottery
849.09(1)(g) None Attempt Lottery
849.09(1)(h) None Attempt Lottery
849.09(1)(k) None Attempt Bookmaking on grounds None Attempt of permit-holder 550.361 (adapted from former 849.24) Bookmaking
849.25(2) None Attempt Bookmaking
849.25(3) Bookmaking
849.25(2) Attempt Bookmaking on grounds of permit-holder 550.361 Driving under the None Attempt influence
316.193(3)(c)(1) DUI with damage to DUI
316.193(1) None property or person
316.193(3)(c)1 DUI with serious bodily DUI
316.193(1)...
CopyCited 43 times | Published | District Court, M.D. Florida | 1972 U.S. Dist. LEXIS 14400
...As a corollary argument, defendants point out the offenses charged in the indictment do not carry a sentence of more than a year. Specifically subsections (e), (f), (g), (h), (i), (j), and (k) of Florida Statutes §
849.09(1), F.S.A., Florida Statutes §
849.14; and Florida Statutes §
849.25 all carry maximum sentences of less than one year....
CopyCited 36 times | Published | Supreme Court of Florida | 1989 WL 120852
...1,
40 L.Ed.2d 341 (1974) (Powell, J., concurring in part and dissenting in part). See generally J. Carr, The Law of Electronic Surveillance § 3.2(c)(2)(B) (1988); 2 G. Trubow, Privacy Law and Practice § 11.04[8] (1988). [4] §
895.03, Fla. Stat. (1983). [5] §
849.25, Fla....
CopyCited 35 times | Published | Supreme Court of Florida
...On Rehearing Granted PER CURIAM. By an information filed in the Court of Crimes of Dade County, the petitioner King and two other persons, Carberry and Monroe, were charged with conspiring with one another and with one Moscovitz to violate §§
849.01 and
849.25 of the Florida statutes, F.S.A., relating to the unlawful keeping or maintaining of a place for the purpose of gambling and to bookmaking, respectively....
...inst and tried for the substantive offense described in § 838.06 and acquitted by the jury. Thereafter, by the information filed against them in the instant case, they were charged with a conspiracy to commit the offenses denounced by §
849.01 and §
849.25....
...stituted for the one actually selected as forming the subject matter of the prosecution. Cf. Casadas v. People, 1956, 134 Colo. 244, 304 P.2d 626. Sec.
849.01 denounces the keeping of a house or other place for any manner of gaming or gambling. Sec.
849.25 defines "bookmaking" as "the taking or receiving of any bet or wager upon the result of any trial or contest of skill, speed, power, or endurance of man, beast, fowl or motor vehicle" and provides that "whoever engages in bookmaking shall be guilty of a misdemeanor * * *". Although the information in the instant case charged that the defendants conspired "one with the other" (as well as with Moscovitz) to commit the offenses described in §
849.01 and §
849.25, the evidence does not support the charge....
...the substantive offense of conspiracy. 6 Fla.Jur., Conspiracy, Sec. 5, p. 237; and see 89 U. of Penna. Law Review 624. Here, the agreement and the intention proved by the State was that Moscovitz would commit the offenses denounced by §
849.01 and §
849.25....
CopyCited 11 times | Published | Florida 3rd District Court of Appeal | 1988 WL 26257
...The appellants were charged with various offenses including violation of the Racketeer Influenced and Corrupt Organization statute [RICO], section
895.03, Florida Statutes (1983); RICO conspiracies in violation of section
895.03(3), Florida Statutes (1983); conspiracy to commit bookmaking; and bookmaking in violation of section
849.25, Florida Statutes (1983)....
...ns. The trial court specifically found that sufficient probable cause had been demonstrated by the Mart and DeBlasio affidavits. The appellants then moved to dismiss the informations based upon a claim that the statute under which they were charged, section 849.25, Florida Statutes (1983), was unconstitutional....
...The trial court held individual plea colloquies. Of the sixteen appellants in this consolidated appeal, only five Alfred Mart, Reuben Goldstein, Stuart Levanthal, Bernard Shaktman, and John DeBlasio entered nolo contendere pleas to felony charges pursuant to section 849.25....
...We find no merit in any of the challenges raised by the appellants to the trial court's denial of their consolidated motions to suppress the evidence obtained by electronic surveillance and, therefore, affirm the trial court's order. II. CONSTITUTIONAL CHALLENGE TO SECTION 849.25, FLORIDA STATUTES (1983). The appellants were charged by informations with the felony offense of bookmaking pursuant to section 849.25, Florida Statutes (1983)....
...ses of the fourteenth amendment to the United States Constitution and article I, section 9, of the Florida *723 Constitution. [17] The appellants devoted a substantial portion of their argument to the point that the conduct prohibited as a felony in section
849.25 and the conduct prohibited as a misdemeanor in section
849.14 are essentially identical, thus rendering section
849.25 susceptible to arbitrary and discriminatory application. Notwithstanding the appellants' contention or the validity of their arguments, the Florida supreme court has addressed this precise constitutional challenge to section
849.25 and resolved the question contrary to their position....
...EFFECT ON PLEAS AND SENTENCES The validity of the nolo contendere pleas entered by eleven of the appellants [18] to the reduced misdemeanor charge of gambling in violation of section
849.08, Florida Statutes (1983), is unaffected by the Florida supreme court's approval of section
849.25 as constitutional....
...3d DCA 1980), rev. denied,
399 So.2d 1141 (Fla. 1981); §§
775.082(4)(b),
948.04(1), Fla. Stat. (1983). We, therefore, vacate the sentences imposed. On remand we direct the trial court to correct the sentences of Sam Levanthal and Nick Satin. Because section
849.25 (felony bookmaking) survives constitutional challenge, the judgments and sentences of Reuben Goldstein, John DeBlasio, and Stuart Levanthal are affirmed. Goldstein, DeBlasio, and Levanthal pled nolo contendere to violating section
849.25 and received probation terms appropriate to the felony charge....
...Finally, we affirm the judgments and sentences of Alfred Mart and Bernard Shaktman who pled nolo contendere to violation of the Racketeer Influenced and Corrupt Organization statute [RICO], section
895.03, Florida Statutes (1983), based on a pattern of bookmaking activity. Section
849.25 is a specifically enumerated crime under the aegis of section
895.02. Even if the appellants had prevailed in their constitutional challenge to section
849.25, Shaktman and Mart would not be entitled to reversal of their judgments and sentences....
...It is the "[p]attern of racketeering activity," that is, "at least two incidents of racketeering conduct," which is the gravamen of a RICO offense. §
895.02(4), Fla. Stat. (1983). The crime to which Mart and Shaktman pled nolo contendere was racketeering. The section
849.25 violations referred to in the informations merely serve to make up the complete charge. Regardless of any constitutional infirmity in section
849.25, the validity of the RICO charge itself or the subsequent nolo pleas entered *724 by Mart and Shaktman would not be affected....
CopyCited 9 times | Published | Florida 2nd District Court of Appeal
...the 18th day of January, 1976, in the County of Lee, State of Florida, and in the County of Collier or Dade or Hendry, State of Florida, did unlawfully and feloniously engage in a common bookmaking scheme with three (3) or more persons, contrary to Section 849.25(3), Florida Statutes, in such case made and provided and against the peace and dignity of the State of Florida." The indictment is subject to several criticisms. In the first place, it is woefully short of facts. Section 849.25, Florida Statutes (1975) reads in part: "849.25 `Bookmaking' defined; penalties....
CopyCited 9 times | Published | Supreme Court of Florida
...Alderman, III, Fort Myers, for Glenn DeVore and Edward Salem. E.G. Couse of Grace & Couse, Fort Myers, for Ronnie Long, John Sheppard and Robert Tolar. HATCHETT, Justice. The State of Florida seeks review of an order of the trial court dismissing the informations in this case on the ground that Section 849.25(3), Florida Statutes (1975), is unconstitutionally vague....
...[2] The state did not file a petition for certiorari in this court, but rather, returned to the trial court and filed new informations against each of these defendants. The defendants filed new motions to dismiss which the trial court granted on three grounds: (1) that Section 849.25(3), Florida Statutes (1975), is unconstitutionally vague; (2) that the informations were facially insufficient; and (3) that the speedy trial time had expired. [3] Section 849.25(3), Florida Statutes (1975) states: (3) Whoever engages in bookmaking to the extent that in any one day he receives or accepts more than five bets or receives bets totaling more than $500, or engages in a common bookmaking scheme with...
...Any person who, having been convicted of violating this section, thereafter violates this subsection is guilty of a felony of the second degree, punishable as provided in s.
775.082, s.
775.083, or s.
775.084. The term "bookmaking" as used in the statute is defined in Section
849.25(1), Florida Statutes (1975), which reads: (1) As used in this section, the term "bookmaking" shall be deemed to be the taking or receiving of any bet or wager upon the result of any trial or contest of *414 skill, speed, power, or endurance of man, beast, fowl or motor vehicle....
...If the names of these other persons are known to the state, the defendants may obtain this information through a bill of particulars or through discovery pursuant to Fla.R.Crim.P. 3.220. We therefore hold that the informations charging the defendants in the present case with a violation of Section 849.25(3), Florida Statutes (1975), are sufficient to inform them of the nature of the crime with which they are charged....
CopyCited 7 times | Published | Supreme Court of Florida | 1988 WL 20971
...Gen., West Palm Beach, for appellant. George T. Pallas of the Law Offices of George T. Pallas, Miami, for appellee. OVERTON, Justice. This is an appeal from State v. Cogswell,
504 So.2d 464 (Fla. 4th DCA 1987), in which the district court held that section
849.25, Florida Statutes (1985), dealing with bookmaking, "is constitutionally invalid as a due process and equal protection violation to the extent that it permits the prosecution as a felony of the same conduct treated as a misdemeanor by section
849.14, Florida Statutes (1985)." Id. at 465. We have jurisdiction. Art. V, § 3(b)(1), Fla. Const. We find the statute constitutional and reverse. The relevant facts reflect that Cogswell was charged with nine counts of bookmaking under section
849.25(1) (2), Florida Statutes (1985). [1] These charges arose from Cogswell's allegedly receiving nine football betting cards, along with thirtyfour dollars. Cogswell filed a motion to declare section
849.25 unconstitutional, claiming that the conduct proscribed by that section, a felony, was indistinguishable from the conduct proscribed by section
849.14, [2] a misdemeanor. He asserted that the absence of standards differentiating the felony as opposed to the misdemeanor *1082 offense rendered section
849.25 susceptible to arbitrary, capricious, and discriminatory application by the prosecutor....
...Multiple sentences are even allowed for conduct arising from the same incident. Traditionally, the legislature has left to the prosecutor's discretion which violations to prosecute and hence which range of penalties to visit upon the offender. Id. (citations omitted). In upholding the constitutionality of section
849.25, Florida Statutes (1985), we are mindful that the act has been amended by the 1987 legislature to include more elements and to clearly separate it from section
849.14, Florida Statutes (1985)....
...[3] That change does not affect the legal principle before this Court or the offense with which this defendant was charged. Accordingly, we reverse the decision of the district court of appeal and direct that the cause be remanded for the trial of the appellant under section 849.25, Florida Statutes (1985). It is so ordered. McDONALD, C.J., and EHRLICH, SHAW, BARKETT, GRIMES and KOGAN, JJ., concur. NOTES [1] Section 849.25 provides: 849.25 "Bookmaking" defined; penalties; exceptions....
CopyCited 6 times | Published | Florida 3rd District Court of Appeal
...Reese, Winter Park, for respondents. Before PEARSON, BARKDULL and SWANN, JJ. SWANN, Judge. Mike Carp, a registered real estate broker in Florida, has filed his petition for writ of certiorari with this court. He was convicted of "bookmaking" in violation of Fla. Stat. § 849.25, F.S.A., which provides: * * * * * * (1) As used in this section, the term bookmaking shall be deemed to be the taking or receiving of any bet or wager upon the result of any trial or contest of skill, speed, power, or endurance of man, beast, fowl or motor vehicle....
CopyCited 3 times | Published | Supreme Court of Florida
...Mosley, Clearwater, for appellants. Robert L. Shevin, Atty. Gen., and Richard G. Pippinger, Asst. Atty. Gen., Tampa, for appellee. ENGLAND, Chief Justice. Appellants in this proceeding challenge the constitutionality of Florida's "bookmaking" statute, Section 849.25(1), Florida Statutes (1975), on the ground that it violates due process because of vagueness and overbreadth....
...All motions were denied by the trial court, and after appellants changed their original not guilty pleas to no contest pleas, the trial court adjudged them guilty and imposed sentences. [2] 1. The trial judge properly held that the bookmaking statute is neither vague nor overbroad. Section 849.25(1) provides: As used in this section, the term "bookmaking" shall be deemed to be the taking or receiving of any bet or wager upon the result of any trial or contest of skill, speed, power, or endurance of man, beast, fowl or motor vehicle....
...sed for "oral" as well as recorded bet-taking. Based on the same connotation of "recorded" bookmaking, they argue as to overbreadth that the statute outlaws conduct which is otherwise lawful, namely oral bet-taking. [4] We reject appellants' view of Section 849.25(1)....
CopyCited 2 times | Published | Florida 2nd District Court of Appeal
...Petersburg, for appellees DiGuillio, Durate and Ward. Susan F. Schaeffer, St. Petersburg, for appellee Pennington. SCHEB, Chief Judge. The state challenges the trial court's dismissal of informations charging the defendants with bookmaking, a felony proscribed by section 849.25, Florida Statutes (1979)....
...The state filed an information against each of the defendants, and in a series of counts charged that each "did take or receive one or more bets or wagers upon the result of a trial or contest of skill, speed, power or endurance of, or between, men, to-wit: football games involving teams known as ... contrary to Chapter 849.25, Florida Statutes......
...." The trial court granted each defendant's motion to dismiss on the ground that the information failed to charge the defendants with felonies and thus it was without jurisdiction. We reverse. *479 The trial court noted the similarity between sections
849.25(1) [1] and
849.14 [2] , Florida Statutes (1979), the misdemeanor betting statute, and opined that neither statute makes a distinction between professional and occasional betting....
...ged felonies and thereby subjected defendants to jurisdiction of the circuit court. Each of the counts against the defendants included the allegation of "taking or receiving bets" which the statute defines as bookmaking. Each tracked the language of section 849.25 and cited that statute. These allegations were sufficient to place each of the defendants on notice as to the acts proscribed by section 849.25....
...s generally held sufficient. Martinez v. State,
368 So.2d 338 (Fla. 1979); State v. Pajon,
374 So.2d 1070 (Fla. 3d DCA 1979). Accordingly, we reverse and remand for proceedings consistent with this opinion. OTT and SCHOONOVER, JJ., concur. NOTES [1] Section
849.25(1) provides: The term "bookmaking" means the act of taking or receiving any bet or wager upon the result of any trial or contest of skill, speed, power, or endurance of man or beast or between men, beasts, fowl, motor vehicles, or mech...
CopyCited 2 times | Published | Florida 4th District Court of Appeal | 12 Fla. L. Weekly 750
...Rehearing Denied April 22, 1987. *465 Robert A. Butterworth, Jr., Atty. Gen., Tallahassee, and Diane E. Leeds, Asst. Atty. Gen., West Palm Beach, for appellant. George T. Pallas, Miami, for appellee. PER CURIAM. We affirm and note our agreement with the trial court that section
849.25, Florida Statutes (1985) is constitutionally invalid as a due process and equal protection violation to the extent that it permits the prosecution as a felony of the same conduct treated as a misdemeanor by section
849.14, Florida Statutes (1985)....
CopyCited 2 times | Published | Florida 1st District Court of Appeal | 1989 WL 12440
...section
849.14 for each separate gambling incident, or a felony conviction under section
895.03 for the entire gambling episode. A comparable argument was raised in State v. Cogswell,
521 So.2d 1081 (Fla. 1988), in which the defendant contended that section
849.25 [4] (bookmaking) was unconstitutional as violative of the due process and equal protection clauses, because the statute authorized the prosecution of bookmaking as a felony, which same conduct could be treated as a gambling misdemeanor under section
849.14....
...RICO only uses the federal offense to establish the completed state charge. Rogers,
487 So.2d at 58. This distinction was most recently discussed in Shaktman v. State,
529 So.2d 711 (Fla. 3d DCA 1988), where two defendants were charged with both RICO violations as well as felony bookmaking under section
849.25. As in Cogswell, the defendants in Shaktman also challenged the constitutionality of section
849.25. The Third District, in upholding the bookmaking statute, observed: Even if the appellants had prevailed in their constitutional challenge to section
849.25, Shaktman and Mart would not be entitled to reversal of their judgments and sentences....
...It is the "[p]attern of racketeering activity," that is, "at least two incidents of racketeering conduct," which is the gravamen *503 of a RICO offense. (Citation omitted.) The crime to which Mart and Shaktman pled nolo contendere was racketeering. The section 849.25 violations referred to in the informations merely serve to make up the complete charge....
...t, coerce, or intimidate another person to commit: (a) Any crime which is chargeable by indictment or information under the following provisions of the Florida Statutes: * * * * * * (24) Section
849.09, s.
849.14, s.
849.15, s.
849.23, s. 849.24, or s.
849.25, relating to gambling....
...t, or wagered upon such result, or whoever aids, or assists, or abets in any manner in any of such acts all of which are hereby forbidden, shall be guilty of a misdemeanor of the second degree, punishable as provided in s.
775.082 or s.
775.083. [4] Section
849.25, Florida Statutes (1985), provides:
849.25 "Bookmaking" defined; penalties; exceptions....
CopyPublished | Florida 3rd District Court of Appeal | 13 Fla. L. Weekly 2236, 1988 Fla. App. LEXIS 4281, 1988 WL 98574
...Where a decision holding a statute unconstitutional is subsequently overruled by the highest tribunal, the statute is valid from the date of its enactment. State ex rel. Gillespie v. Bay County,
112 Fla. 687 ,
151 So. 10 (1933); Hampton v. A. Duda & Sons, Inc.,
511 So.2d 1104 (Fla. 5th DCA 1987). The order declaring section
849.25 unconstitutional is reversed and the cause is remanded for trials.
CopyPublished | District Court of Appeal of Florida | 1982 Fla. App. LEXIS 21052
DAUKSCH, Judge. This is an appeal from a conviction for bookmaking, a violation of section 849.25, Florida Statutes (1981). The information charges: . . . that Pasquale Thomas Leonetti, between September 1, 1979 and October 23, 1979 .. . did then and there engage in bookmaking contrary to Florida Statutes 849.25....
...hich merely charged that one “did in violation of Florida Statute 784.04 commit the crime of murder” or that one “did in violation of Chapter 810 engage in burglary” or that one “engaged in theft in violation of Florida Statute
812.014.” Section
849.25 limits the acts which would constitute the offense of bookmaking by its definition of bookmaking in subsection (1) which states: (1) The term “bookmaking” means the act of taking or receiving any bet or wager upon the result of any...
CopyPublished | Florida 2nd District Court of Appeal
...October 8, 1982. *117 Jim Smith, Atty. Gen., Tallahassee, and Charles Corces, Jr., Asst. Atty. Gen., Tampa, for appellant. Leonard C. Carter, Lakeland, for appellee. SCHOONOVER, Judge. This is an appeal from a judgment holding that the "bookmaking" statute, section 849.25, Florida Statutes (1981), is unconstitutional. We reverse. The appellant, the State of Florida, filed an information charging the appellee, Glenn Ernest Tate, with bookmaking in violation of section 849.25....
...The trial court found that the bookmaking statute either violates the equal protection clause of the United States and Florida Constitutions or is so vague that it fails to adequately inform those affected by the statute of the conduct that it prohibits. We disagree and hold that the statute is constitutional. Section 849.25(1) and (2) provides in pertinent part as follows: 849.25 "Bookmaking" defined; penalties; exceptions....
...a felony while treating the casual or occasional act of gambling as a misdemeanor. The legislature has provided that anyone who keeps a gambling house in violation of section
849.01, Florida Statutes (1981), or engages in bookmaking in violation of section
849.25 is guilty of a felony of the third degree....
...If a single act of gambling were to be punishable under the bookmaking section, sections
849.08,
849.11, and
849.14, Florida Statutes (1981), would lose their force because the state could always prosecute a single act of gambling as a felony under section
849.25, or if the gambling occurred on someone's premises, under section
849.01....
...The underlying idea of bookmaking is participation in gambling as a moneymaking pursuit. Bookmakers prepare a list with the odds so arranged as to percentages as to give them a profit whoever the winning participant may be. People v. Langan, 196 N.Y. 260, 89 N.E. 921 (1909). We construe section 849.25 to prohibit a person engaged as a bookmaker from taking or receiving bets or wagers and as so construed hold that the statute does not violate the equal protection clauses of the United States or Florida Constitutions and is not so vag...
CopyPublished | District Court of Appeal of Florida | 1973 Fla. App. LEXIS 6447
...ations in safety. Due to the aforementioned statements and information received, your Affiant believes and has reason to believe a large scale Lottery and Bookmaking operation is being conducted contrary to Florida Statute
849.09 and Florida Statute
849.25 with Roland Rodriguez in the capacity of a banker and that the major portion of this operation is being conducted by telephonic communications from the said Roland Rodriguez’s home located at Route 2, Box 731 (Berger Road) Lutz, Florida....
CopyPublished | District Court of Appeal of Florida | 1977 Fla. App. LEXIS 16830
...849.01, Florida Statutes (1975), and reverse. The defendant Alfie Mart was charged by information with one count of maintaining a gambling house in violation of Section
849.01, Florida Statutes (1975), and three counts of bookmaking in violation of Section
849.25, Florida Statutes (1975), before the Circuit Court for the Eleventh Judicial Circuit of Florida....
CopyPublished | Florida 4th District Court of Appeal | 12 Fla. L. Weekly 2688, 1987 Fla. App. LEXIS 11163, 1987 WL 1761
PER CURIAM. We affirm the trial court’s order dismissing the bookmaking charges against the appellant on the basis that the bookmaking statute, section 849.25, Florida Statutes (1985), was unconstitutional as applied to appellant, on the authority of State v....
CopyPublished | Florida 1st District Court of Appeal | 1981 Fla. App. LEXIS 21675
with 14 counts of bookmaking in violation of Section 849-25(1), (2), Florida Statutes (1979). The statute
CopyPublished | District Court of Appeal of Florida | 1980 Fla. App. LEXIS 17591
HURLEY, Judge. Defendant, Joseph Aiello, appeals his convictions and sentences imposed after three verdicts of guilty of engaging in common bookmaking schemes contrary to Section 849.25(3), Florida Statutes (1975). We affirm in part and reverse in part. The information charged the defendant with three separate counts of bookmaking in violation of Section 849.25(3), Florida Statutes (1975)....
...The judgments of conviction and the sentences imposed for counts two and three are reversed and the cause is remanded to the trial court with instructions to vacate and set aside the judgments and sentences for counts two and three. ANSTEAD, J., concurs. LETTS, C. J., concurs specially with opinion. . Section 849.25(3), Florida Statutes (1975) provides: “Whoever engages in bookmaking to the extent that in any one day he receives or accepts more than five bets or receives bets totaling more than $500, or engages in a common bookmaking scheme with...
...egree felony. This result cannot have been intended since there are separate statutes specifically covering bettors as distinct from bookmakers. (See for example Section
849.14) Further, if the State’s interpretation is accepted, the first part of Section
849.25(3) which makes it a second degree felony to engage in bookmaking to the extent that in any one day the bookmaker receives or accepts more than five bets would be meaningless....
CopyPublished | District Court of Appeal of Florida | 12 Fla. L. Weekly 1146, 1987 Fla. App. LEXIS 7945
SANDERLIN, Judge. In this appeal, the state contends that the trial court erred in withholding adjudication of guilt from the defendant’s judgment. We agree and reverse. The defendant was charged with two counts of bookmaking, in violation of section 849.25, Florida Statutes (1985). He pleaded nolo contendere to the charges, with the understanding that adjudication would be withheld. The state objected, arguing that section 849.25(2) required an adjudication of guilt. Nevertheless, the trial court accepted the defendant’s plea, placed him on community control, and withheld adjudication of guilt. Section 849.25(2) provides in pertinent part: Notwithstanding the provisions of s....
CopyPublished | Florida 2nd District Court of Appeal | 1983 Fla. App. LEXIS 18741
SCHOONOVER, Judge. The state has appealed from a judgment holding that the “bookmaking” statute, section
849.25, Florida Statutes (1981), is unconstitutional. We reverse. The appellant, the State of Florida, filed an information charging the appellee, Michael Sanford Shirah, with five counts of bookmaking in violation of section
849.25 and one count of violating section
895.03, Florida Statutes (1981)....
...The trial court held that the bookmaking statute is unconstitutional and dismissed the information. This case is governed by this court’s holding in the case of State v. Tate,
420 So.2d 116 (Fla. 2d DCA 1982). Accordingly, based upon the reasoning in Tate , we once again hold that section
849.25 does not violate the equal protection clauses of the United States and Florida Constitutions and is not so vague that men of common intelligence must necessarily guess at the statute’s meaning and differ as to its application....
CopyPublished | Florida 1st District Court of Appeal | 12 Fla. L. Weekly 772, 1987 Fla. App. LEXIS 7213
RICO conviction were bookmaking, violations of section
849.25. Under the analysis set forth in Rotenberry
CopyPublished | District Court of Appeal of Florida | 1981 Fla. App. LEXIS 20005
under chapter 849, Florida Statutes (1979), section
849.25(5) excepts pari-mutuel wagering in Florida
CopyPublished | District Court of Appeal of Florida | 1968 Fla. App. LEXIS 5465
...nn, 4900 Central Avenue, in the City of St. Petersburg, in the County and State aforesaid. * * * ” Schell had been convicted of a misdemeanor in the Civil and Criminal Court of Record for Pinellas County on the charge of bookmaking under Fla.Stat. 849.25(2), F.S.A....
...ce in possession of the State which related to acts of Schell prior to and including October 14, 1966. This entire appeal can be disposed of by the determination of one point of law, which is, whether or not the offense of bookmaking under Fla.Stat. 849.25(2), F.S.A....
...All other points raised by Schell’s cross-assignments of error have been waived under Rule 3.7(i) Fla.App.Rules, 32 F.S.A., 1962 Revision, because such assignments are not argued in his brief. In answer to the only question involved herein, we hold that an offense of bookmaking under Fla.Stat. 849.25(2), F.S.A....
CopyPublished | District Court of Appeal of Florida | 1990 Fla. App. LEXIS 441, 1990 WL 4101
...he order denying appellant’s motion for rehearing. We affirm and certify a question of great public importance. On January 7, 1985, appellant was charged with eleven counts of conspiracy to commit bookmaking and bookmaking in violation of sections 849.25(1) and (2), Flor *1304 ida Statutes....
...It is the State’s belief that said announcement was an inadvertent mistake as it relates to the Bookmaking charge; it is the State’s belief that the Court was only speaking to the new substantive charge, Possession of Methaqualone. 5. Florida Statutes 849.25(2) and (4) states that any person convicted of Conspiracy to Commit Bookmaking “shall not” have adjudication of guilt deferred, suspended or withheld....
CopyPublished | Florida 1st District Court of Appeal | 1984 Fla. App. LEXIS 11313
four counts of bookmaking in violation of section 849.-25(1), Florida Statutes (1981). Appellee was charged
CopyPublished | District Court of Appeal of Florida | 10 Fla. L. Weekly 370, 1985 Fla. App. LEXIS 12342
...In addition, the origin of the paper was unknown, and the persons whose names appeared on it were not identified. Accordingly, that evidence does not establish that any bets regarding the football game were taken or received within the lodge so as to make out a violation of Section 849.25(1), Florida Statutes (1981)....
CopyPublished | District Court of Appeal of Florida | 1982 Fla. App. LEXIS 21846
arguing that the lower court erred in finding section
849.25, Florida Statutes (1981), to be unconstitutional
CopyPublished | District Court of Appeal of Florida | 1977 Fla. App. LEXIS 17023
GRIMES, Acting Chief Judge. The state filed informations charging ap-pellees with having engaged in bookmaking to the extent of receiving or accepting more than five bets or wagers in one day, in violation of Section 849.25(3), Florida Statutes (1975)....
...This subsection simply recognizes that the receiving of bets within the enclosures of horse and dog tracks as authorized by Section 550.16, Florida Statutes (1975) or at jai alai or pelota frontons as authorized by Section 551.09, Florida Statutes (1975) is not prohibited under Section
849.25, Florida Statutes (1975). The fact that appellees’ conduct may also be covered by Section 550.16(7), Florida Statutes (1975) does not preclude a prosecution under Section
849.25, Florida Statutes (1975). Fayerweather v. State,
332 So.2d 21 (Fla.1976). The order granting the appellees’ motions to dismiss is vacated, and the cause is remanded for further proceedings consistent with this opinion. SCHEB and DANAHY, JJ., concur. . Sec.
849.25, Fla.Stat....
CopyPublished | Florida 4th District Court of Appeal | 1990 Fla. App. LEXIS 9680, 1990 WL 205499
PER CURIAM. We reverse and remand for further proceedings in accord with section
849.25(2), Florida Statutes (1985). See Charatz v. State,
555 So.2d 1303 (Fla. 4th DCA 1990). We agree with the state that under section
849.25(2) the court could not withhold adjudication following appellee’s plea of guilty....
CopyPublished | District Court of Appeal of Florida | 1979 Fla. App. LEXIS 15702
...ition against dual office holding, we hold that no error has been shown in their execution of the applications for orders authorizing the wiretaps. Finding that no error has been presented, we affirm the judgments and sentences appealed. Affirmed. . Section 849.25, Florida Statutes (1977)....
