MICHAEL WALLEN, APPELLANT,
v.
STATE OF FLORIDA, APPELLEE
AI-generated. These summaries, headnotes, and key points are machine-generated and may contain errors or omissions. Always verify against the full opinion text below. Not legal advice.
Florida appellate court affirmed in absentia sentencing where defendant failed to present evidence of involuntary absence, holding that counsel's unsworn representations do not constitute evidence of involuntary absence.
A defendant sentenced in absentia must present evidence that his absence was involuntary; counsel's unsworn representations are insufficient to meet this burden.
[1] Unsworn representations by counsel do not constitute evidence sufficient to establish that a defendant's absence from sentencing was involuntary under Florida Rule of Cri…
Previewing 1 of 1 headnotes on this case. FLexlaw’s editorially structured points of law — every proposition, pinpointed — are reserved for members.
Join FLexlaw to unlock all legal intelligence“defendants who voluntarily fail to attend their scheduled sentencing hearings may be sentenced in absentia”
Capuzzo v. State, applying Florida Rule of Criminal Procedure 3.180(c)
Michael Wallen entered no contest pleas to cocaine purchase and probation violation charges. After failing to appear, he was sentenced in absentia, th…
The full statement of facts, procedural history, and disposition for this case are member content.
Join FLexlaw to unlock all legal intelligence© FLexlaw, Inc. — AI-generated enrichments are proprietary. All rights reserved.
Explore caselaw by topic → Browse Voluntary Absence cases and more on FLexlaw
PER CURIAM.
Michael Wallen entered no contest pleas to charges of purchase of cocaine and violation of probation and, following his failure to appear, was sentenced in absentia. Wallen seeks reversal of the sentence imposed, arguing he should not have been sentenced in absentia as he was not voluntarily absent from the proceedings, pointing to his counsel’s representations, prior to the imposition of sentence, that Wallen had been arrested and was in custody in Ohio. See Fla. R.Crim. P. 3.180(a)(9) (providing defendant shall be present for imposition of sentence) and (c) (authorizing judge to proceed with trial if defendant voluntarily absents himself); Capuzzo v. State, 596 So. 2d 438, 440 (Fla.1992) (applying rule 3.180(c) to defendant’s absence post-verdict and holding “defendants who voluntarily fail to attend their scheduled sentencing hearings may be sentenced in absentia”).
Wallen bore the burden of presenting evidence that his absence was involuntary, see Godwin v. State, 501 So. 2d 154, 155 (Fla. 1st DCA 1987), and counsel’s unsworn representations were not evidence, see Faircloth v. Bliss, 917 So. 2d 1005, 1006-07 (Fla. 4th DCA 2006), and Brown v. School Board of Palm Beach County, 855 So. 2d 1267 (Fla. 4th DCA 2003).
We, therefore, affirm.
STEVENSON, C.J., SHAHOOD and MAY, JJ., concur.
Cases With Similar Vibessemantic neighbors from the corpus
Citator
Cited By
-
Blair v. State, 25 So. 3d 46 (Fla. 5th DCA 2009)…appellant from the trial. It was Mr. Blair’s burden to demonstrate that his absence from trial was involuntary, and his counsel’s unsworn representation concerning the instant message he had received would not meet that burden. See Wallen v. State, 932 So. 2d 493 (Fla. 4th DCA 2006). The motion for rehearing with the attached letter from the hospital, however, at least marginally does meet the burden. We think, therefore, that Mr. Blair was at least entitled to an evidentiary hearing on his motion. We come…
-
Jackson v. State, 144 So. 3d 658 (Fla. 2d DCA 2014)…e, 833 So. 2d 318, 319 (Fla. 2d DCA 2003); Singletary v. State, 870 So. 2d 851, 852 (Fla. 3d DCA 2003). The burden is on the defendant, after his apprehension or appearance, to establish that his failure to appear was not voluntary. Wallen v. State, 932 So. 2d 493, 493 (Fla. 4th DCA 2006). Jackson attached documentation to his motion to modify or reduce sentence to support his allegation that his absence was not voluntary, but the judge summarily denied his motion without giving Jackson the opportunity to pr…
-
Nipper v. State, 398 So. 3d 600 (Fla. 1st DCA 2024)…and thus a waiver of the right to be present. See, e.g., Capuzzo, 596 So. 2d at 440 (fleeing); Daniels v. State, 587 So. 2d 460, 461 (Fla. 1991) (finding absence voluntary where defendant absconded and was not found for ten months); Wallen v. State, 932 So. 2d 493, 493 (Fla. 4th DCA 2006) (finding voluntary absence where defendant was arrested in another state). This scenario falls under the voluntary-act end of the spectrum. Appellant was in the hospital instead of in trial because of his choice to drink and…
Previewing 3 of 5 citing cases — full citator treatment, depth of discussion, and citing context are member features.
Join FLexlaw to unlock all legal intelligenceAuthorities Cited
- Capuzzo v. State, 596 So. 2d 438 (Fla. 1992)
- Brown v. The Sch. Bd. OF Palm Beach Cnty., 855 So. 2d 1267 (Fla. 4th DCA 2003)
- Faircloth v. Bliss, 917 So. 2d 1005 (Fla. 4th DCA 2006)
- Godwin v. State, 501 So. 2d 154 (Fla. 1st DCA 1987)