KEITH M. JONES, APPELLANT,
v.
THE STATE OF FLORIDA, APPELLEE
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Florida appellate court granted the state's motion to dismiss a probation revocation appeal because the appellant became a fugitive from justice by escaping custody while the appeal was pending.
An appeal must be dismissed when the appellant becomes a fugitive from justice during the pendency of the appeal.
[1] An appellate court may dismiss an appeal when the appellant becomes a fugitive from justice by escaping custody during the pendency of the appeal.
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Join FLexlaw to unlock all legal intelligenceKeith Jones appealed an order revoking his probation and sentencing him to three years in prison. While his appeal was pending, Jones escaped from the…
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PER CURIAM.
Appellee brings this motion to dismiss, pursuant to Florida Rule of Appellate Procedure 9.300, seeking to have this court dismiss appellant’s appeal filed on October 20, 1977. The appeal was from an order dated September 20, 1977, revoking appellant’s probation and immediately sentencing him to three years in the state penitentiary. Subsequent to the filing of his appeal, appellant escaped from custody of the Opa Locka Community Correctional Center on May 1, 1978, during the pendency of his appeal. Appellant’s present whereabouts are unknown to the Department of Offender Rehabilitation.
Appellee urges as grounds for its motion to dismiss that, because appellant is a fugitive from justice while his appeal is pending, the appeal should be dismissed. As authority, appellee cites Bretti v. Wainwright, 225 So. 2d 516 (Fla.1969); Woodson v. State, 19 Fla. 549 (1882); Mitchell v. State, 294 So. 2d 395 (Fla. 1st DCA 1974); Bretti v. State, 210 So. 2d 472 (Fla.3d DCA 1968); and Decree v. State, 180 So. 2d 667 (Fla.lst DCA 1965). Compare Marshall v. State, 344 So. 2d 646 (Fla.3d DCA 1977). Neither appellant nor his counsel have responded to the instant motion.
We agree with appellee’s argument set forth in its motion to dismiss this appeal; accordingly, the motion to dismiss is granted.
Granted.
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Cited By
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Hannah v. State, 406 So. 2d 1212 (Fla. 3d DCA 1981)…PER CURIAM. Appeal dismissed. Bretti v. Wainwright, 225 So. 2d 516 (Fla.1969), as modified, 255 So. 2d 266 (Fla.1971); Jones v. State, 362 So. 2d 149 (Fla.3d DCA 1978).…
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Cornell Chambers v. State, 391 So. 2d 352 (Fla. 5th DCA 1980)…Consequently, a capias issued for his arrest and the state moved to dismiss his appeal. That motion was granted by this Court and we dismissed the appeal in Case No. 79-93 on May 16, 1980, citing three cases in support of that order: Jones v. State, 362 So. 2d 149 (Fla. 3d DCA 1978); Mitchell v. State, 270 So. 2d 447 (Fla. 1st DCA 1972); and Decree v. State, 180 So. 2d 667 (Fla. 1st DCA 1965). Subsequent to the dismissal of defendant’s appeal of his judgment of conviction, he was apprehended and sentenced on…
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Martin v. State, 182 So. 3d 675 (Fla. 4th DCA 2015)…and theft, criminal mischief, and cheating at common law. He was sentenced in absentia as an habitual felony offender (HFO) to ten years in prison. His direct appeal was dismissed by this Court in 2013 due to his fugitive status. See Jones v. State, 362 So. 2d 149 (Fla. 3d DCA 1978). Martin’s original motion for postconviction relief filed pursuant to Florida Rule of Criminal Procedure 3.850 raised seven grounds, He was given leave to amend grounds one through three, which he did. The trial court summarily de…
Authorities Cited
- Bretti v. Louie L. Wainwright, 225 So. 2d 516 (Fla. 1969)
- Woodson v. State, 19 Fla. 549 (Fla. 1882)
- Marshall v. State, 344 So. 2d 646 (Fla. 2d DCA 1977)
- Bretti v. State, 210 So. 2d 472 (Fla. 3d DCA 1968)
- Wingard v. State, 210 So. 2d 472 (Fla. 2d DCA 1968)
- In re Tr. under the Will of Edward Thomas, 180 So. 2d 667 (Fla. 1st DCA 1965)
- Eldon Knight and Gene Knight v. Green's Fuel GAS Serv., Inc., 294 So. 2d 395 (Fla. 1st DCA 1974)
- Mitchell v. State, 294 So. 2d 395 (Fla. 1st DCA 1974)