STATE OF FLORIDA, APPELLANT,
v.
BRIAN GROSS, APPELLEE
STATE OF FLORIDA, APPELLANT,
BRIAN GROSS, APPELLEE
874 So. 2d 1292
Florida District Court of Appeal, Fourth District (2004)
Positive Treatment
Cited by 2 cases
Opinion of the Court
PER CURIAM.
Affirmed. See Fla. R.Crim. P. 3.131(j)(requiring issuance of capias upon filing of information, if person named is neither in custody nor at large on bail); see also § 932.48, Fla. Stat. (2003)(requiring clerk to issue capias upon filing of information); Datema v. Barad, 372 So. 2d 193 (Fla. 3d DCA 1979)(stating that nonappearance does not constitute evidence of non-availability for trial where defendant who is not in custody or on bail fails to appear pursuant to written notice rather than service of capias)(citing State ex rel. Barber v. Satin, 296 So. 2d 636 (Fla. 3d DCA 1974), and State ex rel. Smith v. Nesbitt, 355 So. 2d 202 (Fla. 3d DCA 1978)).
STONE, STEVENSON and HAZOURI, JJ., concur.
Cases With Similar Vibessemantic neighbors from the corpus
Citator
Cited By
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Wells v. State, 881 So. 2d 54 (Fla. 4th DCA 2004)…s. See Fla. R.Crim. P. 3.131(j) (requiring issuance of capias upon filing of information, if person named is neither in custody nor at large on bail); § 932.48, Fla. Stat. (requiring clerk to issue capias upon filing of information); State v. Gross, 874 So. 2d 1292 (Fla. 4th DCA 2004) (affirming an order which, this court’s records reflect, granted the defendant’s motion for speedy trial discharge, where, after the State filed a no information, the charges were refiled but the defendant was notified of his arr…
Authorities Cited
- Walker v. State, 355 So. 2d 202 (Fla. 3d DCA 1978)
- Datema v. The Honorable Frederick N. Barad, 372 So. 2d 193 (Fla. 3d DCA 1979)
- The State of Fla. ex rel. Albert Lee Barber v. Honorable Dan Satin, 296 So. 2d 636 (Fla. 3d DCA 1974)