CopyCited 31 times | Published | Supreme Court of Florida | 1997 WL 476416
...Anderson,
695 So.2d 309 (Fla. 1997). In Anderson, we answered the following certified question: Whether the double jeopardy clause permits a defendant to be convicted and sentenced under both section
837.02, Florida Statutes (1991), perjury in an official proceeding, and section
903.035, Florida Statutes (1991), providing false information in an application for bail, for charges that arise out of a single act....
CopyCited 19 times | Published | Supreme Court of Florida | 1997 WL 280058
...State,
669 So.2d 262 (Fla. 5th DCA 1995), wherein the court certified the following question: Whether the double jeopardy clause permits a defendant to be convicted and sentenced under both section
837.02, Florida Statutes (1991), perjury in an official proceeding, and section
903.035, Florida Statutes (1991), providing false information in an application for bail, for charges that arise out of a single act....
...[6] In the present case, while Anderson's two offenses are denoted in separate statutory chapters, both crimes arose from a single act of perjury and are in fact degree variants of that crime. As noted above, section
837.02 punishes one who knowingly makes a false statement under oath in an official proceeding, and section
903.035 punishes one who intentionally makes a false statement in an application for bail. Both statutes punish the same basic crime (i.e., the violation of a legal obligation to tell the truth), and differ only in terms of the degree of violation. Under section
837.02, the violation is of a formal oath, while under section
903.035, it is not....
...eopardy clause to our jurisprudence. An application for bail is obviously an official proceeding brought to secure bail in a criminal case. If a defendant provides "false information" or lies in the bail application he or she can be prosecuted under section 903.035....
...Even absent the rule of lenity, it does not appear to have been the legislature's intent in enacting these statutes to transform this event of making one false statement into two discrete crimes. We accordingly vacate the conviction for violation of section 903.035(1)(a), Florida Statutes....
...NOTES [1] Section
837.02, Florida Statutes (1991), provides in relevant part: (1) Whoever makes a false statement, which he does not believe to be true, under oath in an official proceeding in regard to any material matter shall be guilty of a felony of the third degree.... [2] Section
903.035, Florida Statutes (1991), provides in relevant part: (3) Any person who intentionally provides false or misleading material information or intentionally omits material information in connection with an application for bail or for modi...
CopyPublished | Florida 5th District Court of Appeal
...1, §14, Fla. Const. After bail has been set, “[a]n application
for modification of bail on any felony charge must be heard by a court in person, at a
hearing with the defendant present, and with at least 3 hours’ notice to the state attorney.”
§ 903.035(2), Fla. Stat. (2017); accord Fla. R. Crim. P. 3.131(d)(2). Thus, since section
903.035(2) and rule 3.131(d)(2) both required that Moore's motion for bail modification be
heard in person by the court, his motion was improperly denied without a hearing.2
Accordingly, we grant the petition and remand this matter...
CopyPublished | District Court of Appeal of Florida | 1995 Fla. App. LEXIS 6580, 1995 WL 358094
...a Regional Hospital in Sanford, and further that SONNY DANIEL ANDERSON knew or should have known that said information was to be used in connection with an application for or modification of bail and knew that said information was false, contrary to Section 903.035(1)(a) and 903.035(3), Florida Statutes.......
...Even absent the rule of lenity, it does not appear to have been the legislature’s intent in enacting these statutes to transform this event of making one false statement into two discrete crimes. We accordingly vacate the conviction for violation of section
903.035(1)(a), Florida Statutes. AFFIRMED in part; REVERSED in part. PETERSON, J., concurs. GOSHORN, J., dissents, with opinion. . §
837.02, Fla.Stat. (1991). . §
903.035, Fla.Stat....
...en to whom one stands in a position of familial or custodial authority. The above-mentioned definition of “sexual batteiy” describes conduct that is neither a crime nor an offense. . §
837.012, Fla.Stat. (1993). . §
837.02, Fla.Stat. (1993). . §
903.035, Fla.Stat....
...ught was robbery, a second degree felony. It is an idiosyncrasy of this statute that it derives its degree from the degree of crime for which bad was sought. Thus, in this case the bail offense is a third degree felony, like the perjury offense. See § 903.035(3), Fla.Stat....
