GERARDO VASQUEZ, APPELLANT,
v.
THE STATE OF FLORIDA, APPELLEE
PER CURIAM.
ON ORDER DISMISSING APPEAL
On the Court’s own motion, this appeal is dismissed for the following reasons.
Gerardo Vasquez was found guilty of two counts of incest, two counts of engaging in sexual activity with a familial child, and two counts of lewd and lascivious assault. Vasquez absconded prior to trial and was sentenced in absentia. Vasquez has had no contact with appellate counsel, who has nevertheless proceeded as if an appeal were so desired.
Where a defendant absconds and fails to return before the appellate process begins, the appropriate measure is to dismiss the appeal. See Abed v. State, 806 So. 2d 627 (Fla. 4th DCA 2002). Defense counsel’s reliance on Griffis v. State, 759 So. 2d 668 (Fla.2000), is misplaced, as that case specifically concerns the situation where a defendant absconds but returns before filing an appeal. Abed at 627. Because Vasquez remains a fugitive, Griffis is inapplicable. DISMISSED.
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McCRAY v. State, 919 So. 2d 647 (Fla. 1st DCA 2006)…Standard of Review of Trial Court’s Evidentiary Rulings As a general rule, a trial court’s ruling on the admissibility of evidence will not be reversed, absent an abuse of discretion. Globe v. State, 877 So. 2d 663, 673 (Fla.2004); Russ v. State, 832 So. 2d 901, 910 (Fla. 1st DCA 2002). However, a court’s discretion is limited by the evidence code and applicable case law. A court’s erroneous interpretation of these authorities is subject to de novo review. Gilliam v. Smart, 809 So. 2d 905 (Fla. 1st DCA 200…
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Peterson v. State, 193 So. 3d 1034 (Fla. 5th DCA 2016)…utional. Here, we are tasked with deciding whether Peterson’s fifty-six year sentence- is constitutional. Our review of the constitutionality of a sentence is de novo. Abrams v. State, 971 So. 2d 1033, 1035 (Fla. 4th DCA 2008) (citing Russ v. State, 832 So. 2d 901, 906 (Fla. 1st DCA 2002)). We conclude, based on the specific language in Henry and the court’s ruling in Thomas, that the constitutionality of a juvenile offender’s lengthy term-of-years sentence is not solely dependent on the juvenile’s life expe…
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Join FLexlaw to unlock all legal intelligenceAuthorities Cited
- Griffis v. State, 759 So. 2d 668 (Fla. 2000)
- Hazem Abed v. State, 806 So. 2d 627 (Fla. 4th DCA 2002)
- Brown v. State, 806 So. 2d 627 (Fla. 4th DCA 2002)