JACK THOMAS CURRIE, APPELLANT,
v.
THE STATE OF FLORIDA, APPELLEE
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PER CURIAM.
Where an inmate escapes from prison and is not found for two years, plainly the State could not serve him with a capias for the crime of escape until defendant was recaptured. The two-year delay between the filing of the information for escape and the service of the capias (upon defendant’s recapture) was manifestly reasonable within the meaning of subsection 775.15(5), Florida Statutes (1991). Having intentionally and successfully absented himself from state custody, defendant will not now be heard to say the state authorities should have captured him sooner. The decision relied on by defendant, Fleming v. State, 524 So. 2d 1146 (Fla. 1st DCA 1988), is not to the contrary, for it hinges entirely upon the failure of the state to present evidence at a hearing on the issue.
Affirmed.
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Citator
Cited By
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Neal v. State, 697 So. 2d 903 (Fla. 2d DCA 1997)…ement agencies, state attorney’s office, schools, armed forces, the prison system, relatives of the defendant, witnesses in the case, and marriage and name change records. See State v. Mack, 637 So. 2d 18, 19 (Fla. 4th DCA 1994). . Currie v. State, 605 So. 2d 971 (Fla. 3d DCA 1992), casts some doubt on the viability of the notion that prison escape by itself cannot excuse the untimely service of criminal process. The Currie court, however, perceived no conflict with Fleming v. State, 524 So. 2d 1146 (Fla. 1s…
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McNEIL v. State, 673 So. 2d 125 (Fla. 3d DCA 1996)…ht v. State, 600 So. 2d 1248 (Fla. 5th DCA 1992) (single visit and single letter to defendant’s house not diligent search); Chapman v. State, 581 So. 2d 995 (Fla. 2d DCA 1991) (only one attempt to serve capias insufficient). Compare Currie v. State, 605 So. 2d 971 (Fla. 3d DCA 1992) (two-year delay between filing information for escape and [*127] the service of capias upon defendant’s recapture not unreasonable where state presented evidence on defendant’s intentional and successful elusion of state custody).…
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Newman v. State, 707 So. 2d 811 (Fla. 1st DCA 1998)…ed no evidence to explain the four-year delay in executing the capias, this court held that the motion to dismiss should have been granted. Id. at 1147.1 We are unable to distinguish Fleming from this case. Respondent’s reliance on Currie v. State, 605 So. 2d 971 (Fla. 3d DCA 1992) is misplaced. That decision specifically distinguished Fleming as having been decided on the state’s failure to present evidence at a hearing. Although the Currie opinion does not describe the hearing held in the trial court, it m…
Authorities Cited
- Myron Fleming v. State, 524 So. 2d 1146 (Fla. 1st DCA 1988)