Moskowitz, NESSIM JAIME SION are mentioned and a part is posted, to read full, use the link.
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NOT FINAL UNTIL TIME EXPIRES
TO FILE REHEARING MOTION
AND, IF FILED, DISPOSED OF.
THE STATE OF FLORIDA,
Appellant,
vs.
NESSIM JAIME SION,
Appellee.
IN THE DISTRICT COURT OF APPEAL
OF FLORIDA
THIRD DISTRICT
JULY TERM, A.D. 2006
CASE NO. 3D05-2824
LOWER
TRIBUNAL NO. 02-020238
Opinion filed November 15, 2006.
An Appeal from the Circuit Court for Miami-Dade County, David C. Miller, Judge.
Charles J. Crist, Jr., Attorney General and Olga L. Villa, Assistant Attorney General, for appellant.
Sands & Moskowitz, P.A., and Leonard A. Sands, for appellee.
Before GREEN, RAMIREZ, & WELLS, JJ.
GREEN, J.
This is an appeal from an order vacating appellee Nessim Jaime Sions plea to first degree grand theft on the grounds that a factual basis for the plea was not established other than through stipulation of counsel. We reverse as we conclude that apart from the stipulation of counsel, the record before the court disclosed a factual basis for the plea.
Sion was charged by information with one count of first degree grand theft of currency of $100,000 or more. According to the arrest affidavit in this case, Sion had been a patient of his medical doctor victim. Sion befriended the doctor and offered the doctor an opportunity to purchase stocks in a particular company. The doctor paid Sion $103,000 over a period of six months. At some point, Sion gave the doctor a stock certificate for $25,000 in shares. This stock certificate later proved to be a counterfeit certificate for shares that were never owned by Sion. The arrest affidavit further averred that upon learning of the police investigation into the matter, Sion made partial restitution of $25,000 to the victim and surrendered to the police in the presence of his attorney.
On July 24, 2003, Sion entered a plea of nolo contendere to the information in exchange for a withhold of adjudication, and two years of probation with special conditions.1 During the plea
1 These conditions were as follows:
1)Sion pay restitution in the amount of $83,500 at a rate of $6,960 monthly during the first year of probation;
