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State v. Gross

874 So. 2d 1292, 2004 Fla. App. LEXIS 8722, 2004 WL 1393040
CourtDistrict Court of Appeal of Florida
DecidedJune 23, 2004
DocketNo. 4D03-2247
StatusPublished
Cited by1 cases

This text of 874 So. 2d 1292 (State v. Gross) 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
State v. Gross, 874 So. 2d 1292, 2004 Fla. App. LEXIS 8722, 2004 WL 1393040 (Fla. Ct. App. 2004).

Opinion

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)(requir-ing 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.

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Related

Wells v. State
881 So. 2d 54 (District Court of Appeal of Florida, 2004)

Cite This Page — Counsel Stack

Bluebook (online)
874 So. 2d 1292, 2004 Fla. App. LEXIS 8722, 2004 WL 1393040, Counsel Stack Legal Research, https://law.counselstack.com/opinion/state-v-gross-fladistctapp-2004.