Florida District Courts of Appeal, 2016

Richards v. State

Richards v. State
Florida District Courts of Appeal · Decided December 16, 2016 · Cohen, Evander, Lawson
208 So. 3d 278; 2016 Fla. App. LEXIS 18448 (Southern Reporter, Third Series)

Richards v. State

Opinion of the Court

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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