MICHAEL RENARDO CLEMENTS, APPELLANT,
v.
STATE OF FLORIDA, APPELLEE
PER CURIAM.
Appellant’s conviction for possession of cocaine was affirmed per curiam by this court in an opinion filed January 30, 1995. On February 10, 1995, before expiration of the time for filing a motion for rehearing, counsel for appellant filed a motion for abatement of this appeal ab initio on the ground that appellant had died. See, Williams v. State, 648 So. 2d 313 (Fla. 1st DCA 1995); Bagley v. State, 122 So. 2d 789 (Fla. 1st DCA 1960). A subsequently filed death certificate indicates that appellant was found dead on February 1,1995. In response, the state acknowledges the line of cases from this court entitling appellant to the relief requested, but represents that the Florida Supreme Court, in a recent case under similar circumstances, denied a motion to abate appeal ab initio and instead dismissed the appeal, Rodriguez v. State, 645 So. 2d 454 (Fla.1994), and moves this court to certify the question presented here and in Williams to the Supreme Court of Florida.
Accordingly, pursuant to Williams, we abate ab initio this appeal and the underlying prosecution against appellant and certify the following question to the Florida Supreme Court as a question of great public importance:
DOES THE DEATH OF A CRIMINAL DEFENDANT AFTER JUDGMENT AND SENTENCE, BUT DURING THE PENDENCY OF THE APPEAL THEREFROM, REQUIRE THE PROSECUTION TO BE PERMANENTLY ABATED AB INITIO IN THE TRIAL AND APPELLATE COURTS?
BOOTH, MICKLE and VAN NORTWICK,' JJ., concur.
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State v. Clements, 668 So. 2d 980 (Fla. 1996)…ublic importance: DOES THE DEATH OF A CRIMINAL DEFENDANT AFTER JUDGMENT AND SENTENCE, BUT DURING THE PENDENCY OF THE APPEAL THEREFROM, REQUIRE THE PROSECUTION TO BE PERMANENTLY ABATED AB INITIO IN THE TRIAL AND APPELLATE COURTS? Clements v. State, 652 So. 2d 1294 (Fla. 1st DCA 1995); Thomas v. State, 654 So. 2d 635 (Fla. 1st DCA 1995). We have jurisdiction pursuant to article V, section 3(b)(4) of the Florida Constitution, and we answer the question in the negative. The respondents in these consolidated cas…
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Eckhart v. State, 670 So. 2d 977 (Fla. 1st DCA 1996)…tion and sentence for violation of probation. We remand, however, to the trial court for entry of a written order of violation of probation, because none appears in the record. See Wood v. State, 653 So. 2d 493 (Fla. 4th DCA 1995); Wiggers v. State, 652 So. 2d 1294 (Fla. 1st DCA 1995); Benton v. State, 652 So. 2d 1288 (Fla. 1st DCA 1995). BOOTH, JOANOS and BENTON, JJ., concur.…
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Thomas v. State, 654 So. 2d 635 (Fla. 1st DCA 1995)…motion and abate ab initio this appeal and the underlying prosecution against appellant. Williams v. State, 648 So. 2d 313 (Fla. 1st DCA 1995); Bagley v. State, 122 So. 2d 789 (Fla. 1st DCA 1960). However, as in the recent case of Clements v. State, 652 So. 2d 1294 (Fla. 1st DCA 1995), we grant the state’s motion to certify the question presented here to the Florida Supreme Court. Because further appellate proceedings may ensue, we deny the motion to withdraw filed by counsel for appellant. Accordingly, purs…
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Join FLexlaw to unlock all legal intelligenceAuthorities Cited
- Lelia Padgett Bagley v. State, 122 So. 2d 789 (Fla. 1st DCA 1960)
- Williams v. State, 648 So. 2d 313 (Fla. 1st DCA 1995)
- Brown v. Jupiter Hosp. & Sedgwick James, 648 So. 2d 313 (Fla. 1st DCA 1995)