FREDDIE L. MALAVE, PETITIONER,
v.
STATE OF FLORIDA, RESPONDENT
PER CURIAM.
The petition for writ of habeas corpus is granted. At the January 29, 1999 hearing which the trial court set to allow petitioner to explain his failure to appear in court, petitioner testified that the person with whom he had arranged to give him a ride to court had taken a detour which caused petitioner to be late. The January 29 hearing did not resolve the question of whether petitioner’s failure to appear was willful or merely negligent and the trial court did not make any finding that the failure to appear was willful. See Wilson v. State, 669 So. 2d 312 (Fla. 5th DCA 1996). Petitioner’s bond shall be reinstated and he shall be released forthwith.
FARMER and STEVENSON, JJ., concur. GROSS, J., dissents with opinion.
GROSS, J.,
dissenting.
The transcript of the hearing demonstrates that the trial court found that petitioner’s efforts were insufficient to ensure his arrival in court on time. The failure to make adequate travel arrangements is tantamount to a finding of wilfulness sufficient to support the court’s order.
Cases With Similar Vibessemantic neighbors from the corpus
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Bradshaw v. Jenne, 754 So. 2d 109 (Fla. 4th DCA 2000)…ant who violates the conditions of bail by failing to appear may be subject to revocation of bail and commitment to cus [*111] tody. See Fla. R.Crim. P. 3.131(g); Wilson v. State, 669 So. 2d 312 (Fla. 5th DCA 1996). We note that in Malave v. State, 727 So. 2d 1002 (Fla. 4th DCA 1999), this court, citing Wilson, granted a writ of habeas corpus where the trial court, in revoking a defendant’s bond based on his failure to appear, did not make a finding that the failure to appear was willful. In Wilson, the court…
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Lachandra Winters v. Jenne, 765 So. 2d 54 (Fla. 4th DCA 1999)…the address on the license would be later used by the court to send her notices associated with her case. We remand this case for the trial court to reconsider whether Winters’ failure to appear at the arraignment was willful. See Malave v. State, 727 So. 2d 1002 (Fla. 4th DCA 1999). The court should also consider whether any conditions of release are reasonably likely to assure her appearance at subsequent proceedings, and if appropriate to reinstate bail with such necessary conditions. See § 907.041, Fla.S…
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Tanesha Bannister v. Al Lamberti, 32 So. 3d 745 (Fla. 4th DCA 2010)…913 So. 2d 740 (Fla. 4th DCA 2005); and Winters v. Jenne, 765 So. 2d 54 (Fla. 4th DCA 1999). In each of those cases, as in Blair, the accused had offered some innocent explanation for his or her failure to appear. Winters relied on Malave v. State, 727 So. 2d 1002 (Fla. 4th DCA 1999), where the defendant failed to appear because the person taking the defendant to his court appearance took a detour, causing the defendant to be late. Malave cited to Wilson v. State, 669 So. 2d 312, 313 (Fla. 5th DCA 1996), wher…
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- Davis v. State, 669 So. 2d 312 (Fla. 2d DCA 1996)
- Tausha L. Wilson v. State, 669 So. 2d 312 (Fla. 5th DCA 1996)