VERSIAH M. TAYLOR, PETITIONER,
v.
STATE OF FLORIDA, RESPONDENT
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Automatic appellate dismissal for a defendant absconding and returning before appeal is improper.
The First District Court of Appeal certified a question regarding re-evaluation of a prior holding in light of a U.S. Supreme Court case. The defendan…
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SHAW, J.
We have for review Taylor v. State, 711 So. 2d 1887 (Fla. 1st DCA 1998), wherein the district court certified the following question:
Should the holding in State v. Gurican, 576 So. 2d 709 (Fla.1991), be re-evaluated in light of Ortega-Rodriguez v. United States, 507 U.S. 234, 113 S.Ct. 1199, 122 L.Ed.2d 581 (1993)?
Taylor v. State, 739 So. 2d 98 (Fla. 1st DCA 1998). We have jurisdiction. See art. V, § 3(b)(4), Fla. Const. We have since answered this question in the affirmative in Griffis v. State, 759 So. 2d 668 (Fla.2000), wherein we held that where a defendant absconds and returns before filing an appeal, the misconduct ordinarily should be addressed by the trial court, not the appellate court. Automatic appellate dismissal in such a situation is improper under Ortega-Rodriguez. We quash Taylor and remand for proceedings consistent with Griffis.
It is so ordered.
HARDING, C.J., and WELLS, ANSTEAD, PARIENTE and LEWIS, JJ., concur. QUINCE, J., concurs in result only.
Cases With Similar Vibessemantic neighbors from the corpus
Citator
Authorities Cited
- Ortega-Rodriguez v. United States, 507 U.S. 234 (U.S. 1993)
- State v. Gurican, 576 So. 2d 709 (Fla. 1991)
- Griffis v. State, 759 So. 2d 668 (Fla. 2000)
- Versiah M. Taylor v. State, 739 So. 2d 98 (Fla. 1st DCA 1998)