Richards v. State

District Court of Appeal of Florida

Richards v. State

208 So. 3d 278, 2016 Fla. App. LEXIS 18448

CourtDistrict Court of Appeal of Florida

DecidedDecember 16, 2016

DocketCase No. 5D16-412

StatusPublished

This text of 208 So. 3d 278 (Richards v. State) is published on Counsel Stack Legal Research, covering District Court of Appeal of Florida primary law. Counsel Stack provides free access to over 12 million legal documents including statutes, case law, regulations, and constitutions.

Bluebook

Richards v. State, 208 So. 3d 278, 2016 Fla. App. LEXIS 18448 (Fla. Ct. App. 2016).

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Opinion

PER CURIAM.

AFFIRMED. See Orange v. State, 983 So.2d 4, 5-6 (Fla. 3d DCA 2007) (noting that when defendant who agrees to appear at sentencing as part of plea is prevented from appearing in court by an arrest, fact of arrest standing alone cannot justify finding that defendant willfully failed to appear; however, when it is established that defendant committed new criminal offense after entering plea, and defendant’s incarceration on the new charge causes failure to appear, defendant’s failure to appear can be considered a willful and material breach of an agreement to appear because it was caused by his willful act of committing the crime).

LAWSON, C.J., EVANDER and COHEN, JJ., concur.

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PER CURIAM.

AFFIRMED. See Orange v. State, 983 So.2d 4, 5-6 (Fla. 3d DCA 2007) (noting that when defendant who agrees to appear at sentencing as part of plea is prevented from appearing in court by an arrest, fact of arrest standing alone cannot justify finding that defendant willfully failed to appear; however, when it is established that defendant committed new criminal offense after entering plea, and defendant’s incarceration on the new charge causes failure to appear, defendant’s failure to appear can be considered a willful and material breach of an agreement to appear because it was caused by his willful act of committing the crime).

LAWSON, C.J., EVANDER and COHEN, JJ., concur.

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208 So. 3d 278, 2016 Fla. App. LEXIS 18448, Counsel Stack Legal Research, https://law.counselstack.com/opinion/richards-v-state-fladistctapp-2016.

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