2017 Criminal Defense Results

All dispositions may be verified by contacting the clerk of the court...

-- Richard Hornsby

Below are the results of every criminal case attorney Richard Hornsby has resolved in 2017. All dispositions may be verified by contacting the clerk of court.

Only publicly available information is provided. This includes the charges, maximum penalty, the outcome, and my client's initials.

State of Florida v. A.D.D.; 48-2016-CF-13836-AO
Date Closed: July 25, 2017
County: Orange
Judge: The Honorable Keith A. Carsten
Charge(s):
  1. Possession of an Unauthorized Driver's License (F3)
  2. Possession of Fake Driver's License (M1)
Disposition:
  1. Dismissed
  2. Dismissed
State of Florida v. J.C.G.; 48-2015-CT-7299-AO
Date Closed: July 24, 2017
County: Orange
Judge: The Honorable Tanya D. Wilson
Charge(s):
  1. Driving Under the Influence (M2)
Disposition:
  1. Dismissed
State of Florida v. M.M.B.; 48-2017-CF-3467-AO
Date Closed: July 19, 2017
County: Orange
Judge: The Honorable Marc Lubet
Charge(s):
  1. Possession of Cocaine (F3)
  2. Possession of Cannabis (M1)
Disposition:
  1. AG, 45 days jail, and court costs.
  2. Dismissed
State of Florida v. M.M.B.; 48-2017-CF-3925-AO
Date Closed: July 19, 2017
County: Orange
Judge: The Honorable Marc Lubet
Charge(s):
  1. Possession of Alprazolam (F3)
  2. Possession of Cannabis (M1)
Disposition:
  1. AG, 45 days jail, and court costs.
  2. Dismissed
State of Florida v. Q.L.R.; 48-2017-CF-4184-AO
Date Closed: July 17, 2016
County: Orange
Judge: The Honorable Marc Lubet
Charge(s):
  1. Domestic Battery by Strangulation (F3)
Disposition:
  1. Dismissed
State of Florida v. R.M.S.; 48-2016-CF-2996-AO
Date Closed: July 17, 2017
County: Orange
Judge: The Honorable Keith A. Carsten
Charge(s):
  1. Possession of Cocaine (F3)
Disposition:
  1. Dismissed
State of Florida v. E.L.M.; 48-2017-CF-6497-AO
Date Closed: July 15, 2017
County: Orange
Judge: The Honorable Lisa Munyon
Charge(s):
  1. Sexual Battery (F1)
Disposition:
  1. Dismissed
State of Florida v. T.M.P.; 48-2017-MM-4238-BO
Date Closed: July 11, 2017
County: Orange
Judge: The Honorable Brian Duckworth
Charge(s):
  1. Petit Theft (M1)
Disposition:
  1. WH, $100 fine, and court costs.
State of Florida v. M.D.P.; 48-2017-MM-4238-AO
Date Closed: July 11, 2017
County: Orange
Judge: The Honorable Brian Duckworth
Charge(s):
  1. Petit Theft (M1)
Disposition:
  1. WH, $200 fine, and court costs.
State of Florida v. K.N.H.; 48-2017-MM-559-AW
Date Closed: July 11, 2017
County: Orange
Judge: The Honorable Brian Duckworth
Charge(s):
  1. Petit Theft (M1)
Disposition:
  1. WH, $200 fine, and court costs.
State of Florida v. T.D.O.; 48-2016-CF-13060-AO
Date Closed: July 6, 2017
County: Orange
Judge: The Honorable Keith Carsten
Charge(s):
  1. Possession of Child Pornography (F3)
  2. Possession of Child Pornography (F3)
  3. Possession of Child Pornography (F3)
  4. Possession of Child Pornography (F3)
  5. Possession of Child Pornography (F3)
  6. Possession of Child Pornography (F3)
  7. Possession of Child Pornography (F3)
  8. Possession of Child Pornography (F3)
  9. Possession of Child Pornography (F3)
  10. Possession of Child Pornography (F3)
  11. Unlawful Use of Two-Way Communications Device (F3)
  12. Unlawful Use of Two-Way Communications Device (F3)
  13. Unlawful Use of Two-Way Communications Device (F3)
  14. Unlawful Use of Two-Way Communications Device (F3)
  15. Unlawful Use of Two-Way Communications Device (F3)
  16. Unlawful Use of Two-Way Communications Device (F3)
  17. Unlawful Use of Two-Way Communications Device (F3)
  18. Unlawful Use of Two-Way Communications Device (F3)
  19. Unlawful Use of Two-Way Communications Device (F3)
  20. Unlawful Use of Two-Way Communications Device (F3)
Disposition:
  1. Dismissed
  2. Dismissed
  3. Dismissed
  4. Dismissed
  5. Dismissed
  6. Dismissed
  7. Dismissed
  8. Dismissed
  9. Dismissed
  10. Dismissed
  11. WH, downward departure, 30 months of sex offender probation, and court costs.
  12. WH, downward departure, concurrent 30 months of sex offender probation, and court costs.
  13. WH, downward departure, concurrent 30 months of sex offender probation, and court costs.
  14. WH, downward departure, concurrent 30 months of sex offender probation, and court costs.
  15. WH, downward departure, concurrent 30 months of sex offender probation, and court costs.
  16. WH, downward departure, concurrent 30 months of sex offender probation, and court costs.
  17. WH, downward departure, concurrent 30 months of sex offender probation, and court costs.
  18. WH, downward departure, concurrent 30 months of sex offender probation, and court costs.
  19. WH, downward departure, concurrent 30 months of sex offender probation, and court costs.
  20. WH, downward departure, concurrent 30 months of sex offender probation, and court costs.
State of Florida v. W.L.S.; 48-2015-CF-13673-AO
Date Closed: July 2, 2017
County: Orange
Judge: The Honorable Keith Carsten
Charge(s):
  1. Grand Theft (F2)
  2. Theft of State Funds (F2)
Disposition:
  1. Dismissed
  2. Dismissed
State of Florida v. G.R.M.; 59-2016-CF-2151-A
Date Closed: June 29, 2017
County: Seminole
Judge: The Honorable Kenneth R. Lester
Charge(s):
  1. Delivery of Hydromorphone (F2)
  2. Trafficking in Hydropmorphone (F1 - 3 year man-min)
Disposition:
  1. WH, 2 years of drug offender probation, and court costs.
  2. Pled to Delivery of Hydromorphone: WH, 2 years of drug offender probation, and court costs.
State of Florida v. J.W.T.; 48-2017-CT-423-AO
Date Closed: June 26, 2017
County: Orange
Judge: The Honorable Maureen Bell
Charge(s):
  1. DUI with BAC over 0.15(M2)
Disposition:
  1. Pled to DUI with BAC under 0.15: AG, 12 months of probation, DUI School, Victim Impact Panel, 50 community service hours, $500 fine, and court costs.
State of Florida v. J.A.; 48-2016-CT-1245-AO
Date Closed: June 23, 2017
County: Orange
Judge: The Honorable Gisela T. Laurent
Charge(s):
  1. Driving Under the Influence (M2)
Disposition:
  1. Dismissed
State of Florida v. H.B.A.; 48-2017-MM-4734-AO
Date Closed: June 21, 2017
County: Orange
Judge: The Honorable Wayne Shoemaker
Charge(s):
  1. Carrying a Concealed Weapon (M1)
Disposition:
  1. Dismissed
State of Florida v. J.E.B.; 48-2016-MM-8223-AO
Date Closed: June 21, 2017
County: Orange
Judge: The Honorable Andrew Cameron
Charge(s):
  1. Possession of Cannabis (M1)
  2. Possession of Drug Paraphernalia (M1)
Disposition:
  1. Dismissed
  2. Dismissed
State of Florida v. D.M.J.; 48-2017-CF-3407-AO
Date Closed: June 16, 2017
County: Orange
Judge: The Honorable A. James Craner
Charge(s):
  1. Tampering with a Witness (F3)
  2. Battery (M1)
  3. Battery (M1)
  4. Resisting Officer without Violence (M1)
Disposition:
  1. Dismissed
  2. Dismissed
  3. Dismissed
  4. Dismissed
State of Florida v. C.M.H.; 48-2017-MM-323-AA
Date Closed: June 14, 2017
County: Orange
Judge: The Honorable Wilfredo Martinez
Charge(s):
  1. Domestic Violence Battery (M1)
Disposition:
  1. Dismissed
State of Florida v. D.L.B.; 48-2017-CF-2637-AO
Date Closed: June 8, 2017
County: Orange
Judge: The Honorable Leticia Marques
Charge(s):
  1. Possession of Alprazolam (F3)
  2. Possession of Firearm in Commission of a Felony (F3)
Disposition:
  1. Dismissed
  2. Dismissed
State of Florida v. A.R.M.; 48-2017-MM-4030-AO
Date Closed: June 2, 2017
County: Orange
Charge(s):
  1. Battery (M1)
Disposition:
  1. Dismissed
State of Florida v. C.K.D.; 59-2017-MM-3223-A
Date Closed: May 31, 2017
County: Seminole
Judge: The Honorable Debra Krause
Charge(s):
  1. Possession of a Fake ID (M2)
  2. Possession of Alcohol by Minor (M2)
Disposition:
  1. Dismissed
  2. WH, $500 fine, and court costs.
State of Florida v. J.C.R.; 64-2017-CF-100909-ADL
Date Closed: May 30, 2017
County: Volusia
Judge: The Honorable James Clayton
Charge(s):
  1. Possession of Cocaine (F3)
  2. Driving While License Suspended (M1)
Disposition:
  1. Dismissed
  2. Dismissed
State of Florida v. J.D.M.; 59-2016-CF-1394-A
State of Florida v. J.D.M.; 59-2016-MM-6098-A
Date Closed: May 26, 2017
County: Seminole
Judge: The Honorable James J. DeKleva
Charge(s):
  1. Aggravated Assault with Deadly Weapon (F3)
  1. Domestic Violence Battery (M1)
Disposition:
  1. Dismissed
  1. Dismissed
State of Florida v. N.R.M.; 59-2016-MM-9245-A
Date Closed: May 22, 2017
County: Seminole
Judge: The Honorable Debra Krause
Charge(s):
  1. Possession of Cannabis (M1)
Disposition:
  1. Dismissed
State of Florida v. O.J.P.; 48-2015-MM-791-AA
Date Closed: May 22, 2017
County: Orange
Judge: The Honorable Tina Caraballo
Charge(s):
  1. Petit Theft (M1)
Disposition:
  1. WH, Impulse Control Class, and court costs.
State of Florida v. R.D.J.; 48-2017-CF-5140-AO
Date Closed: May 15, 2017
County: Orange
Judge: The Honorable Leticia Marques
Charge(s):
  1. Sexual Battery (F1)
  2. Domestic Battery by Strangulation (F1)
Disposition:
  1. Dismissed
  2. Dismissed
State of Florida v. J.E.; 48-2016-CF-5817-AO
Date Closed: May 12, 2017
County: Orange
Judge: The Honorable Dan Traver
Charge(s):
  1. Battery on Law Enforcement Officer (F3)
  2. Resisting Officer without Violence (M1)
Disposition:
  1. Dismissed
  2. Dismissed
State of Florida v. M.E.D.; 48-2016-CF-15438-AO
Date Closed: May 9, 2017
County: Orange
Judge: The Honorable Alan Apte
Charge(s):
  1. Grand Theft (F3)
Disposition:
  1. Pled to Petit Theft: AG, 12 months of probation, 100 community service hours, restitution, and court costs.
State of Florida v. E.A.W.; 48-2017-MM-102-AO
Date Closed: May 8, 2017
County: Orange
Judge: The Honorable Wayne Shoemaker
Charge(s):
  1. Possession of Cannabis (M1)
  2. Possession of Drug Paraphernalia (M1)
Disposition:
  1. WH and court costs.
  2. Dismissed
State of Florida v. R.D.S.; 48-2015-MM-5824-AO
Date Closed: April 26, 2017
County: Orange
Judge: The Honorable Wilfredo Martinez
Charge(s):
  1. Domestic Violence Battery (M1)
Disposition:
  1. Dismissed
State of Florida v. M.G.W.; 48-2016-MM-1379-AW
Date Closed: April 26, 2017
County: Orange
Judge: The Honorable Steve Jewett
Charge(s):
  1. Possession of Cannabis (M1)
  2. Possession of Drug Paraphernalia (M1)
Disposition:
  1. WH, $50 fine, and court costs.
  2. Dismissed
State of Florida v. K.R.K.; 48-2013-CF-6769-AO
Date Closed: April 25, 2017
County: Orange
Judge: The Honorable Laticia Latimore
Charge(s):
  1. VOP: Grand Theft (F2)
Disposition:
  1. Dismissed
State of Florida v. M.M.B.; 48-2017-CT-561-AW
Date Closed: April 24, 2017
County: Orange
Judge: The Honorable Steve Jewett
Charge(s):
  1. Driving without a Valid License (M2)
Disposition:
  1. WH and court costs.
State of Florida v. R.A.O.; 49-2011-CF-2152
Date Closed: April 18, 2017
County: Osceola
Judge: The Honorable Jon Morgan
Charge(s):
  1. VOP: Burglary of Dwelling (F2)
Disposition:
  1. Probation terminated, 48 months prison with credit for 24 months served, and court costs.
State of Florida v. S.W.S.; 53-2016-CF-6014-A
Date Closed: April 10, 2017
County: Polk
Judge: The Honorable J. Kevin Abdoney
Charge(s):
  1. Leaving the Scene of Accident with Injuries (F3)
  2. Leaving the Scene of Accident with Injuries (F3)
Disposition:
  1. WH, 36 months probation, and court costs.
  2. WH, and concurrent 36 months probation.
State of Florida v. D.M.K.; 59-2016-MM-8443-A
Date Closed: April 6, 2017
County: Seminole
Judge: The Honorable John Woodard
Charge(s):
  1. Domestic Violence Battery (M1)
Disposition:
  1. Dismissed
State of Florida v. A.P.; 48-2015-CF-4018-AO
Date Closed: April 4, 2017
County: Orange
Judge: The Honorable John Kest
Charge(s):
  1. Cultivation of Cannabis (F3)
  2. Possession of Cannabis (M1)
  3. Possession of Drug Paraphernalia (M1)
Disposition:
  1. WH, 12 months probation, and court costs.
  2. Dismissed
  3. Dismissed
State of Florida v. C.D.V.; 49-2017-CF-614
Date Closed: April 3, 2017
County: Orange
Judge: The Honorable Greg Tynan
Charge(s):
  1. Lewd and Lascivious Battery (F2)
  2. Attempted Lewd and Lascivious Battery (F3)
Disposition:
  1. Dismissed
  2. Dismissed
State of Florida v. M.G.D.; 48-2017-MM-273-AO
Date Closed: March 30, 2017
County: Orange
Judge: The Honorable Maureen Bell
Charge(s):
  1. Resisting Officer without Violence (M1)
Disposition:
  1. Pled to Disorderly Conduct (M2): WH and court costs.
State of Florida v. A.E.S.; 48-2016-MM-5503-AO
Date Closed: March 22, 2017
County: Orange
Judge: The Honorable Andrew Cameron
Charge(s):
  1. Petit Theft (M2)
Disposition:
  1. Dismissed
State of Florida v. B.A.C.; 35-2016-CF-514-B
Date Closed: March 20, 2017
County: Lake
Judge: The Honorable Don Briggs
Charge(s):
  1. Possession of a Fire Bomb (F3)
Disposition:
  1. Dismissed
State of Florida v. D.S.S.; 48-2016-CF-13368-AO
Date Closed: March 16, 2017
County: Orange
Judge: The Honorable Alicia Latimore
Charge(s):
  1. Battery on Law Enforcement Officer (F3)
  2. Petit Theft (M2)
Disposition:
  1. Pled to Battery (M1): WH and court costs.
  2. Dismissed
State of Florida v. G.T.S.; 59-2016-CF-1884-A
Date Closed: March 13, 2017
County: Seminole
Judge: The Honorable Donna McIntosh
Charge(s):
  1. VOP: Possession of Cannabis (M1)
  2. VOP: Possession of Drug Paraphernalia (M1)
Disposition:
  1. Probation reinstated.
  2. Probation reinstated.
State of Florida v. O.H.; 48-2014-CF-3880-AO
Date Closed: March 10, 2017
County: Orange
Judge: The Honorable Alan Apte
Charge(s):
  1. Scheme to Defraud (F3)
  2. False and Fraudulent Insurance Claims (F3)
Disposition:
  1. Dismissed
  2. Dismissed
State of Florida v. S.L.J.; 48-2017-CF-1120-AO
Date Closed: March 8, 2017
County: Orange
Judge: The Honorable Leticia Marques
Charge(s):
  1. Possession of Alprazolam (F3)
  2. Possession of Drug Paraphernalia (M1)
Disposition:
  1. Dismissed
  2. Dismissed
State of Florida v. N.C.B.; 59-2016-MM-2913-A
Date Closed: March 8, 2017
County: Seminole
Judge: The Honorable Debra L. Krause
Charge(s):
  1. Possession of Cannabis (M1)
  2. Possession of Drug Paraphernalia (M1)
Disposition:
  1. Dismissed
  2. Dismissed
State of Florida v. M.A.G.; 59-2016-MM-2908-A
Date Closed: March 8, 2017
County: Seminole
Judge: The Honorable Debra L. Krause
Charge(s):
  1. Possession of Cannabis (M1)
  2. Possession of Drug Paraphernalia (M1)
Disposition:
  1. Dismissed
  2. Dismissed
State of Florida v. J.J.R.; 49-2016-CF-1706
Date Closed: March 3, 2017
County: Osceola
Judge: The Honorable Jon Morgan
Charge(s):
  1. Sexual Battery (F1)
  2. Sexual Battery (F1)
  3. Receiving Unlawful Compensation for Official Behavior (F2)
  4. Battery (M1)
Disposition:
  1. Dismissed
  2. Dismissed
  3. Dismissed
  4. Dismissed
State of Florida v. S.D.C.; 48-2016-CF-6086-AO
Date Closed: March 2, 2017
County: Orange
Judge: The Honorable A. James Craner
Charge(s):
  1. Grand Theft (F3)
Disposition:
  1. WH, 6 months of probation, restitution, and court costs.
State of Florida v. A.R.; 49-2016-CF-3615
Date Closed: February 20, 2017
County: Osceola
Judge: The Honorable Jon Morgan
Charge(s):
  1. Sexual Battery (F1)
  2. Sexual Battery (F1)
Disposition:
  1. Dismissed
  2. Dismissed
State of Florida v. A.B.; 48-2015-CF-2334-AO
Date Closed: February 14, 2017
County: Orange
Judge: The Honorable Alicia Latimore
Charge(s):
  1. VOP: Criminal Mischief (M1)
Disposition:
  1. Probation reinstated.
State of Florida v. D.R.; 48-2016-MM-12955-AO
Date Closed: February 10, 2017
County: Orange
Judge: The Honorable Tina Caraballo
Charge(s):
  1. Resisting Officer without Violence (M1)
Disposition:
  1. Dismissed
State of Florida v. M.G.D.; 48-2017-CF-358-AO
Date Closed: February 3, 2017
County: Orange
Judge: The Honorable John Kest
Charge(s):
  1. False Imprisonment (F3)
  2. Battery (M1)
Disposition:
  1. Dismissed
  2. Dismissed
State of Florida v. S.T.; 59-2016-MM-3467-A
Date Closed: February 3, 2017
County: Seminole
Judge: The Honorable John Woodard
Charge(s):
  1. Solicitation of Prostitution (M2)
Disposition:
  1. Dismissed
State of Florida v. A.T.C.; 48-2016-CF-8865-BO
State of Florida v. A.T.C.; 48-2016-CF-8866-BO
Date Closed: February 1, 2017
County: Orange
Judge: The Honorable Dan Traver
Charge(s):
  1. Grand Theft (F3)
  1. Grand Theft (F3)
Disposition:
  1. Pled to Petit Theft (M1): AG, 120 days jail with credit for 73 days served, and court costs.
  1. WH and concurrent 120 days jail with credit for 73 days served.
State of Florida v. E.S.; 48-2016-MM-11883-AO
Date Closed: January 26, 2017
County: Orange
Judge: The Honorable Elizabeth Starr
Charge(s):
  1. Possession of Cannabis (M1)
  2. Possession of Drug Paraphernalia (M1)
Disposition:
  1. Dismissed
  2. WH and court costs.
State of Florida v. B.J.N.; 59-2017-MM-34-A
Date Closed: January 25, 2017
County: Seminole
Judge: The Honorable Mark E. Herr
Charge(s):
  1. Domestic Violence Battery (M1)
Disposition:
  1. Dismissed
State of Florida v. A.W.W.; 48-2015-CT-6068-AO
Date Closed: January 25, 2017
County: Orange
Judge: The Honorable Maureen Bell
Charge(s):
  1. Driving Under the Influence (M2)
Disposition:
  1. Dismissed
State of Florida v. C.A.R.; 48-2016-CT-3369-O
Date Closed: January 25, 2017
County: Orange
Judge: The Honorable Reginald Whitehead
Charge(s):
  1. Driving Under the Influence (M2)
Disposition:
  1. Dismissed
State of Florida v. H.B.G.; 59-2016-CF-2963-A
State of Florida v. H.B.G.; 59-2016-CF-2998-A
Date Closed: January 25, 2017
County: Seminole
Judge: The Honorable Debra Nelson
Charge(s):
  1. Driving while License Revoked as HTO (F3)
  2. Possession of Cannabis (M1)
  1. Fleeing and Eluding Law Enforcement Officer (F2)
  2. Driving while License Revoked as HTO (F3)
  3. Possession of Cannabis (M1)
Disposition:
  1. AG, 12 months prison, and court costs.
  2. AG and time served.
  1. Pled to Attempted Fleeing and Eluding Law Enforcement Officer: AG, concurrent 12 months prison, and court costs.
  2. AG, concurrent 12 months prison, and court costs.
  3. Dismissed
State of Florida v. S.L.; 59-2016-MM-8412-A
Date Closed: January 25, 2017
County: Seminole
Judge: The Honorable Debra Krause
Charge(s):
  1. Possession of Drug Paraphernalia (M1)
Disposition:
  1. Dismissed
State of Florida v. W.N.H.; 64-2016-CF-103156-ADL
Date Closed: January 24, 2017
County: Volusia
Judge: The Honorable James R. Clayton
Charge(s):
  1. Aggravated Battery on a Pregnant Person (F2)
  2. Child Abuse (F3)
Disposition:
  1. Dismissed
  2. Pled to Battery (M1): AG, 12 months of probation, Batterers Intervention Program, and court costs.
State of Florida v. D.R.H.; 49-2012-CF-139
Date Closed: January 13, 2017
County: Osceola
Judge: The Honorable Elaine Barbour
Charge(s):
  1. Traveling to Meet a Minor (F2)
  2. Solicitation of Minor via Computer (F2)
  3. Attempted Lewd and Lascivious Battery (F3)
Disposition:
  1. Dismissed
  2. Dismissed
  3. Dismissed
State of Florida v. E.Z.B.; 48-2016-CF-13179-AO
Date Closed: January 13, 2017
County: Orange
Judge: The Honorable Marc Lubet
Charge(s):
  1. Introduction of Contraband into Correctional Facility (F3)
  2. Possession of Cocaine (F3)
Disposition:
  1. Dismissed
  2. WH, 40 days jail, and court costs.
State of Florida v. S.L.J.; 48-2016-CF-010653-O
Date Closed: January 12, 2017
County: Orange
Judge: The Honorable Leticia Marques
Charge(s):
  1. Grand Theft of a Firearm (F3)
  2. Grand Theft of a Controlled Substance (F3)
Disposition:
  1. Dismissed
  2. Dismissed
State of Florida v. D.S.S.; 48-2015-MM-12015-AO
Date Closed: January 12, 2017
County: Orange
Judge: The Honorable Wilfredo Martinez
Charge(s):
  1. Domestic Violence Battery (M1)
Disposition:
  1. Dismissed
State of Florida v. R.Z.T.; 49-2016-CF-3128
State of Florida v. R.Z.T.; 49-2016-CF-3211
Date Closed: January 6, 2017
County: Osceola
Judge: The Honorable Greg Tynan
Charge(s):
  1. Grand Theft (F3)
  2. Grand Theft (F3)
  3. Grand Theft (F3)
  1. Grand Theft (F3)
Disposition:
  1. AG, six months jail, and court costs.
  2. AG, concurrent six months jail, and court costs.
  3. Dismissed
  1. AG, concurrent six months jail, and court costs.

Disclaimer

  1. The information has not been reviewed or approved by The Florida Bar.
  2. The facts and circumstances of your case may differ from the cases for which results are provided.
  3. The results of all cases handled by criminal lawyer Richard Hornsby are not provided.
  4. The results are not necessarily representative of results obtained by criminal lawyer Richard Hornsby or of the experience of other clients.
  5. Every case is different, and each client's case must be evaluated and handled on its own merits.