Florida District Courts of Appeal, 1998

Fessenden v. State

Florida District Courts of Appeal · Decided July 17, 1998 · Altenbernd, Patterson, Whatley

713 So. 2d 1093; 1998 Fla. App. LEXIS 8521; 1998 WL 396197 (Southern Reporter, Second Series)

Cases that cite this one

3 later published cases cite this decision.

Fessenden v. State (Fla. Dist. Ct. App. 2010)
State v. Fessenden (Fla. 1999)
State v. Crossno (Fla. Dist. Ct. App. 1998)

This list shows which later cases cite this one. It does not say how they treated it, and no review of that has been done. Not a substitute for Shepard’s or KeyCite — verify before relying.

Opinion of the Court

PATTERSON, Acting Chief Judge.

The 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.

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.

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