Arrestable Offenses / Crimes under Fla. Stat. 843.15
CopyCited 73 times | Published | Supreme Court of Florida | 12 Fla. L. Weekly 1
...Moreover, we hold that a defendant's acquiescence cannot confer authority on the court for such departure. We are, first of all, persuaded by the rationale of the Fifth District in Monti Failure to appear for sentencing as required in a criminal case is itself a criminal offense violating section
843.15, Florida Statutes (1985), [1] and specifically punishable by up to five years in prison. See §§
843.15(1)(a),
775.082(3)(d), Fla....
...I would hold that failure to appear for sentencing is a valid reason for departure. Under the circumstances of this case, I would limit the departure sentence to five years, the maximum sentence that could be imposed for failure to appear for sentencing. NOTES [1] Section 843.15, Florida Statutes (1985), provides in part: (1) Whoever, having been released pursuant to chapter 903, willfully fails to appear before any court or judicial officer as required shall incur a forfeiture of any security which was given...
CopyCited 26 times | Published | Florida 3rd District Court of Appeal | 12 Fla. L. Weekly 371
...We caution trial courts to avoid plea agreements of this nature." Id. at 195-96. If, indeed, the State contends and it made no such contention in the trial court at any time that the defendant's non-appearance was willful, then it is free to prosecute the defendant under Section 843.15(1)(a), Florida Statutes (1985), for his failure to appear at sentencing....
CopyCited 18 times | Published | Florida 5th District Court of Appeal | 12 Fla. L. Weekly 1837
...Although Hoag's accident caused four injuries and one death, there was but one scene of the accident and one failure to stop. In Miles v. State,
418 So.2d 1070 (Fla. 5th DCA 1982), a defendant was required to appear in court as to two charges. He was later convicted twice for violation of section
843.15(1)(a), Florida Statutes, which made it an offense to willfully fail to appear as required....
CopyCited 14 times | Published | Supreme Court of Florida | 1991 WL 35020
...NOTES [1] In addition, because of Gurican's failure to appear for sentencing and her plea of nolo contendere to that offense, the trial court later sentenced her to two and one-half years in state prison to run concurrent with her sentence for drug trafficking. See § 843.15(1)(a), Fla....
CopyCited 13 times | Published | Florida 5th District Court of Appeal
...l constituent elements of the other offense, [2] and, (b) in fact, both offenses relate to the exact same factual event. [3] Each of the two counts in information number 78-1589 related to a violation of one and the same statutorily defined offense (§ 843.15(1)(a), Fla....
...the meaning of the constitutional prohibition against double jeopardy (thus prohibiting multiple prosecutions and convictions). NOTES [1] The information in case number 81-1589 charged as follows: COUNT I CHARGE: FAILURE TO APPEAR, in Violation of F.S. 843.15(1)(a) SPECIFICATIONS OF CHARGE: In that STANLEY EUGENE MILES, on or about the 15th day of January, 1979, at or near DeLand within Volusia County, Florida, did unlawfully, while released pursuant to Chapter 903, willfully fail to appear for...
CopyCited 11 times | Published | Florida 1st District Court of Appeal
...Public Defender, Second Judicial Circuit, Tallahassee, for appellant. Kathryn L. Sands, Asst. Atty. Gen., Jacksonville, for appellee. ZEHMER, Judge. Appellant Howard McGee seeks reversal of the trial court's judgment and consecutive five-year sentences on each of seven counts of bail bond jumping in violation of § 843.15, Florida Statutes (1981), by willfully failing to appear at a single hearing scheduled in seven felony cases against him....
...nd again issued capiases for his arrest in each of the seven cases. McGee was arrested on November 24, incarcerated, and ultimately charged in a single amended information containing seven counts with failing to appear on November 9, in violation of § 843.15, Florida Statutes (1981)....
...After this sentence was imposed, each of the seven pending felony cases in which McGee had not appeared on November 9 were nol prossed by the state attorney. McGee's argument that the evidence was insufficient to prove the requisite willfulness under § 843.15, Florida Statutes, is without merit....
...No useful purpose will be served by a lengthy recitation of the facts and inferences argued by McGee, for the record is amply sufficient to establish a deliberate course of conduct by him to avoid receiving such notices. There are few Florida decisions construing § 843.15, Florida Statutes, and none dealing with this theory of willful evasion; but the decisions that construe and apply substantially similar provisions in the federal bail bond jumping statute, 18 U.S.C....
...McGee's principal argument, that he was illegally convicted and illegally given consecutive sentences on seven separate offenses of bail bond jumping because he failed to appear at a single hearing on November 9, requires reversal of the judgment and sentence as to six of the seven counts of the information. The purpose of § 843.15 is to punish those who, while released on bail, do not obey the requirements of the court to appear before it or some other judicial officer at a specified time and place....
...As to the second through seventh counts of that information, the convictions are REVERSED and the sentences are VACATED. The case is REMANDED for entry of judgment and sentence in accordance with this opinion. ROBERT P. SMITH, Jr., and WENTWORTH, JJ., concur. NOTES [1] Section 843.15, Florida Statutes, provides in part: Whoever, having been released pursuant to chapter 903, willfully fails to appear before any court or judicial officer as required shall incur a forfeiture of any security which was given or pledged...
...the Fourth Judicial Circuit of Florida, in and for Duval County, Florida, Case Number 81-5407, and having been released pursuant to Chapter 903 Florida Statutes, willfully failed to appear before the Court as required, contrary to the provisions of Section 843.15, Florida Statutes. Counts Two through Seven were identical but for the single exception that the case number in each count was different. We do not quote these allegations as models of clarity for charging an offense under § 843.15, for it is impossible to determine exactly what was required of the defendant regarding his appearance on November 9....
CopyCited 11 times | Published | Supreme Court of Florida | 2000 WL 633017
...appeal."). [7] See generally Traylor v. State,
596 So.2d 957, 962 (Fla.1992) ("In any given state, the [federal law] thus represents the floor for basic freedoms; the state constitution, the ceiling."). [8] See §
944.40, Fla. Stat. (1997). [9] See §
843.15, Fla....
CopyCited 11 times | Published | Florida 1st District Court of Appeal | 1987 WL 2666
...In cases 86-661-CF and 86-662-CF, by informations it was alleged that appellant on February 17, 1986, and on February 24, 1986, having been released on bail on felony charges relating to the above possession charge and one other, willfully failed to appear for jury trial proceedings contrary to section 843.15, Florida Statutes....
CopyCited 9 times | Published | Florida 5th District Court of Appeal
...ded lands], without first notifying the Division of Florida Land Sales and Condominiums in writing and obtaining written approval. (emphasis added) Appellant was convicted and sentenced on the 28 counts and also for failure to appear in violation of section 843.15(1)(b), Florida Statutes (1981), and appeals arguing many points....
...the prior judicial proceeding was material to some issue in the prior proceeding is a question of law for the court. See §
837.021(2), Fla. Stat. (1981); Wolfe v. State,
271 So.2d 132 (Fla. 1972). [4] The charging document and the judgment refer to §
843.15(1)( b ) which refers to a release in connection with a misdemeanor....
CopyCited 9 times | Published | Florida 5th District Court of Appeal | 2001 WL 60814
...The trial court did not err in denying the motion for judgment of acquittal on the burglary counts. See Smith v. State,
742 So.2d 352, 354-55 (Fla. 5th DCA 1999). We also think the evidence at trial was sufficient to establish the "willfulness" of Wilson's failure to appear. §
843.15, Fla....
...tion or resentencing on the burglary offenses. AFFIRMED in part; REVERSED in part; REMANDED. HARRIS, J., and ORFINGER, M., Senior Judge, concur. NOTES [1] §
810.02(1) and (2)(b), Fla.Stat. (1997). [2] §
812.014(1) and (2)(c), Fla.Stat. (1997). [3] §
843.15(1)(a), Fla.Stat....
CopyCited 8 times | Published | Florida 1st District Court of Appeal
...Admittedly, but for appellant's failure to appear for sentencing on July 8, 1983, appellant would not have been entitled to elect sentencing under the new guidelines. However, the law provides a specific remedy for appellant's misconduct which is for the State to charge him with failure to appear pursuant to Section 843.15(1)(a), Florida Statutes (1983)....
CopyCited 8 times | Published | Florida 5th District Court of Appeal | 2002 WL 126052
...Accordingly, the trial court was free to impose consecutive habitual offender sentences. APPEAL DISMISSED. AFFIRMED. GRIFFIN and PALMER, JJ., concur. NOTES [1] §§
810.02(1) & (2),
810.07, Fla. Stat. (1996). [2] §
812.014(1) & (2)(c), Fla. Stat. (1996). [3] §
812.014(1) & (2)(d), Fla. Stat. (1996). [4] §
843.15(1)(a), Fla....
CopyCited 8 times | Published | Florida 1st District Court of Appeal
...The issue is whether the five-year sentence was lawfully made to run consecutively with a five-year sentence Wood was then serving as a result of his conviction for willfully failing to appear for proceedings in this very case, after having been admitted to bail. Section 843.15, Florida Statutes (1977)....
CopyCited 7 times | Published | Florida 1st District Court of Appeal
...ect order. Jaffe was convicted on February 11, 1982, of 28 violations of section 498.033, Florida Statutes (1981) (registration of subdivided lands section of the Florida Uniform Land Sales Practices Law), a third degree felony, and one violation of section 843.15, Florida Statutes (1981) (failure of defendant on bail to appear), also a felony of the third degree....
CopyCited 6 times | Published | Florida 5th District Court of Appeal | 1992 WL 332658
...al, Mr. Jaffe failed to appear. A motion for continuance filed by his attorneys was denied, a warrant was issued for his arrest, and Accredited's bail bond was forfeited.[1] The prosecuting attorney then filed a criminal charge of Failure to Appear, section 843.15(1)(a), Fla....
CopyCited 5 times | Published | Florida 2nd District Court of Appeal | 2000 WL 1700185
...Charles DeGeso appeals his convictions for two counts of trafficking in cocaine in violation of section
893.135, Florida Statutes (1995); passing a worthless check in violation of section
832.05(2), Florida Statutes (1995); and failure to appear in violation of section
843.15, Florida Statutes (1995)....
CopyCited 4 times | Published | District Court, S.D. Florida | 2004 U.S. Dist. LEXIS 9674
...Stat. (escape through negligence of officer); §
843.11, Fla. Stat. (conveying tools into prison to aid escape); §
843.12, Fla. Stat. (aiding escape); §
843.13, Fla. Stat. (aiding escape of juveniles); §
843.14, Fla. Stat. (compounding felony); §
843.15, Fla....
CopyCited 4 times | Published | Supreme Court of Florida | 1988 WL 73561
...There was nothing for him to escape from. He did not escape from the physical presence of a policeman, or from the confines of a restricted environment, or from a sentence that had to be served. Pumphrey simply failed to appear following pretrial release, which is punishable under section 843.15, Florida Statutes (1985)....
CopyCited 4 times | Published | Florida 1st District Court of Appeal
...State,
453 So.2d 411 (Fla. 1st DCA 1984); Duggar v. State,
446 So.2d 222 (Fla. 1st DCA 1984); Johnson v. State,
371 So.2d 556 (Fla. 2d DCA 1979). A failure to appear under the circumstances shown in this case may, of course, be subject to independent statutory penalty. §
843.15, Florida Statutes....
CopyCited 3 times | Published | Supreme Court of Florida | 1995 WL 582277
...When he failed to appear on that date, the court imposed a departure sentence because: "Defendant did not appear for sentencing on July 20, 1984." This Court held the departure invalid, ruling that failure to appear (FTA) is not a valid basis for departure. We reasoned that FTA is a separate criminal offense punishable under section 843.15, Florida Statutes (1985), by up to five years' imprisonment, and that Williams had not been convicted of that offense....
...We quash Rahmings and remand for proceedings consistent with this opinion. It is so ordered. *1393 GRIMES, C.J., and OVERTON, KOGAN, HARDING, WELLS and ANSTEAD, JJ., concur. NOTES [1] In the present case, the State was free to prosecute Rahmings' failure to appear under section 843.15, in which instance the State has the burden of proving that she "willfully" failed to appear. See § 843.15, Fla....
CopyCited 3 times | Published | Florida 2nd District Court of Appeal
...Appellant returned to his home in Florida sometime in January and was arrested on February 6, 1972. At the trial neither the original nor a certified copy of the bail bond was introduced into evidence. Appellant contends that a conviction under F.S. § 843.15 F.S.A....
...bond or undertaking under which the accused was released. We disagree with this contention. The bail bond was collateral evidence of the crime, and was not central or critical to the case against appellant under the circumstances of this case. F.S. Section 843.15 F.S.A....
...He did not inform the bondsman or the court that he was going to New York, nor did he advise the court or the bondsman that he was in *328 jail in New York. His willful failure to appear when required by the court subjected him to prosecution under the provisions of F.S. § 843.15 F.S.A....
CopyCited 3 times | Published | Florida 2nd District Court of Appeal | 1992 WL 25989
...The trial court's order treats this fact as dispositive of the claim of ineffectiveness. However, the motion contains additional allegations which we perceive to be the true *615 focus of Cambrick's grievance. Because of his failure to appear in court, Cambrick faced an additional felony charge pursuant to section 843.15(1)(a), Florida Statutes (1989)....
CopyCited 3 times | Published | Supreme Court of Florida | 2013 WL 6305187
...' RACING ON A HIGHWAY -^ 316;i 9ÍI3)(a)::; m:-: CATEGORY ONE CATEGORY TWO FLA. STAT. INS. NO. None Attempt
777.04m 5.1 Comment This instruction was adopted in 2009 [
6 So.3d 574 ] and amended in 2012 [
95 So.3d 868 ] and 2013. 29.18 FAILURE TO APPEAR §
843.15, Fla....
CopyCited 2 times | Published | Florida 5th District Court of Appeal | 1992 WL 200360
...[2] Whether the blood was drawn pursuant to section
316.1933, Florida Statutes (1989) has not been made an issue in this case. Defendant's first Motion to Suppress, in fact, challenges the sufficiency of the requesting officer's probable cause to believe there was serious bodily injury. [3] §
316.193, Fla. Stat. (1989). [4] §
843.15(1)(a), Fla....
CopyCited 1 times | Published | Florida 1st District Court of Appeal | 2000 WL 220437
...o writing. Mere failure to appear is not a legitimate basis for departure. See Rahmings v. State,
660 So.2d 1390, 1392 (Fla. 1995); Bolden v. State,
691 So.2d 23, 24 (Fla. 1st DCA 1997). Failure to appear may constitute a crime in and of itself. See §
843.15(1)(a), Fla....
CopyCited 1 times | Published | Florida 2nd District Court of Appeal | 2009 Fla. App. LEXIS 12657, 2009 WL 2634083
...ing its proper classification as a common law crime and the sentence of time served. Remanded for proceedings consistent with this opinion. CASANUEVA, C.J., and ALTENBERND, J., Concur. NOTES [1] Apparently, the State chose not to proceed pursuant to section 843.15(1), Florida Statutes (2005), which provides that failure to appear before a court may be prosecuted as a separate crime. Instead, Giordano's failure to appear was handled pursuant to section 843.15(2), which provides that "[n]othing in this section shall interfere with or prevent the exercise by any court of its power to punish for contempt " (emphasis added), but not specifying the classification or the penalty.
CopyPublished | District Court of Appeal of Florida | 1990 Fla. App. LEXIS 7309, 1990 WL 139629
...with driving without a driver’s license and three counts of uttering worthless checks and that bonds were estreated for each of the offenses. The history does not reveal disposition of the charges or whether pleas or trials occurred in the cases. Section 843.15, Florida Statutes (1987), prescribes penalties for failure of a defendant on bail to appear as required....
CopyPublished | District Court of Appeal of Florida | 12 Fla. L. Weekly 2257, 1987 Fla. App. LEXIS 10318
NIMMONS, Judge. Appellant was charged with willful failure to appear in circuit court in Gainesville in violation of Section 843.15, Florida Statutes (1985)....
CopyPublished | District Court of Appeal of Florida | 1983 Fla. App. LEXIS 21629
guilty of “bail bond jumping” in violation of section
843.15, Florida Statutes, and sentencing him to prison
CopyPublished | District Court of Appeal of Florida | 13 Fla. L. Weekly 2036, 1988 Fla. App. LEXIS 3947, 1988 WL 91211
...consistent with the definition of “willfulness” found in the Florida Standard Jury Instructions in Criminal Cases, Second Edition, to wit: “Willfully means intentionally, knowingly and purposely.” 4 AFFIRMED. ERVIN and.JOANOS, JJ., concur. . Section 843.15(l)(a), Florida Statutes (1987) provides in part: ....
...as well as on the underlying charges) at the time of his failure to appear. The record does indicate that at the time of appellant’s nonappearance, his counsel still knew him as ‘Ted Johnson.” . As we noted in McGee, supra, case law construing Section 843.15 is sparse, but federal decisions construing 18 U.S.C....
...1987); Annot., Failure of Person, Released Pursuant to Provisions of Federal Bail Reform Act of 1966 ( 18 U.S.C. Sections 3141 et seq.), to Make Appearance as Subjecting Person to Penalty Provided for by 18 U.S.C. Section 3150 , 66 A.L.R.Fed. 668 (1984). . Although there is no standard instruction on offenses trader Section 843.15, the Standard Jury Instructions, page 130, utilizes this definition for the offense of criminal mischief, and we have held that this definition properly sets forth the applicable legal standard....
CopyPublished | Supreme Court of Florida | 11 Fla. L. Weekly 571, 1986 Fla. LEXIS 2781
a criminal case is itself a criminal offense. §
843.15, Fla.Stat. (1983). When this offense is committed
CopyPublished | District Court of Appeal of Florida | 9 Fla. L. Weekly 2248, 1984 Fla. App. LEXIS 15603
LEHAN, Judge. Defendant appeals his conviction and sentencing for a charge of failure to appear, a violation of section 843.15, Florida Statutes (1979)....
...A recess was taken at that point, and defendant did not return to the courtroom. The trial continued without defendant’s presence, pursuant to Florida Rule of Criminal Procedure 3.180(b). Defendant was ultimately convicted and sentenced in ab-sentia. The state charged defendant with failure to appear in violation of section 843.15, Florida Statutes (1979), which states: (1) Whoever, having been released pursuant to chapter 903, willfully fails to appear before any court or judicial offi *1154 cer as required shall incur a forfeiture of any security which was giv...
...Defendant argues on appeal that the trial court erred in denying his motion for judgment of acquittal because section 843.-15 would only apply to a failure to initially appear for trial, not a failure to stay at the trial for its duration. The state responds that section 843.15 makes it illegal for a defendant not to appear “as required” and that a defendant is required to be present during the entire trial....
CopyPublished | Florida 1st District Court of Appeal | 2004 Fla. App. LEXIS 6801, 2004 WL 1091306
BROWNING, J. Appellant seeks review of his conviction and sentence for failure to appear under section 843.15(l)(a), Fla. Stat. (2003). The state properly concedes error and we reverse. A conviction under section 843.15(l)(a), Fla....
CopyPublished | Florida 1st District Court of Appeal | 2012 WL 1033664, 2012 Fla. App. LEXIS 4922
...Pamela Jo Bondi, Attorney General, Trisha Meggs Pate, Assistant Attorney General, and Brooke Poland, Assistant Attorney General, Tallahassee, for Appellee. BENTON, C.J. Basilio Corrales appeals his conviction for failing to appear "before any court . . . as required," in violation of section 843.15(1)(a), Florida Statutes (2009)....
...He argued that the state had put on no evidence that his failure to appear was willful, and specifically that the jury could not infer willfulness or intent in the absence of any evidence he ever received notice. The trial court denied the motion. To convict under section
843.15(1)(a), Florida Statutes (2009), [2] requires proof of willfulness beyond a reasonable doubt. See Williams v. State,
876 So.2d 27 (Fla. 1st DCA 2004). While there is no standard jury instruction for offenses under section
843.15, we upheld the use of an instruction in one prosecution under section
843.15 in which the jury was told that "[w]illfully means intentionally, knowingly, and purposely." Patterson v....
...See State v. Blackbird, 187 Mont. 270, 609 P.2d 708, 710 (1980) (finding a jury instruction for bail-jumping erroneous where it allowed the jury to presume a "client has notice and knowledge if his attorney has notice and knowledge"). To convict under section 843.15(1)(a) requires proof that the nonappearance was knowing and willful....
...Reversed. DAVIS and MARSTILLER, JJ., concur. NOTES [1] The record shows notices of court hearings were regularly mailed to Mr. Corrales until January 21, 2010, after which no notices were mailed to him until the practice resumed after April 22, 2010. [2] Section 843.15, Florida Statutes (2009), provides in part: (1) Whoever, having been released pursuant to chapter 903, willfully fails to appear before any court or judicial officer as required shall incur a forfeiture of any security which was given...
CopyPublished | Florida 1st District Court of Appeal | 2016 Fla. App. LEXIS 9901
... commission of a felony contrary to section
934.215; traveling to meet a person
believed to be a minor after using a computer device capable of electronic data
storage to solicit unlawful sexual conduct contrary to section
847.0135(4)(a); and
failure to appear, contrary to section
843.15(1)(a)....
CopyPublished | District Court of Appeal of Florida | 10 Fla. L. Weekly 1526, 1985 Fla. App. LEXIS 14791
...eceiving additional consecutive sentences of some 46 years because he failed to appear at the hearing. Appellant now points out, for the first time, that his failure to appear for a hearing would ordinarily be punishable by a maximum of 5 years. See § 843.15, Fla....
...lawful. Notwithstanding our affirmance, we would hope that counsel will not recommend and that trial courts will be reluctant to approve such plea arrangements in the future. While a defendant certainly deserves to be penalized for not appearing, as section 843.15 provides, an extra 46 years seems a bit much, especially at a time when the state’s justice system is making a concerted effort to improve the sentencing process....
CopyPublished | Florida 2nd District Court of Appeal | 1982 Fla. App. LEXIS 20461
THOMPSON, Judge. Defendant entered a plea of guilty to failure to appear, contrary to § 843.15, Fla....
CopyPublished | District Court of Appeal of Florida | 1981 Fla. App. LEXIS 20776
to appear before the court, in violation of Section
843.15, Florida Statutes (1979). A motion was filed
CopyPublished | District Court of Appeal of Florida | 1978 Fla. App. LEXIS 15085
MILLS, Judge. The State filed an information charging Wood with willfully failing to appear for trial on felony charges contrary to Section 843.15(l)(b), Florida Statutes (1975)....
...Wood and his attorney had approximately two months to prepare his presentation of mitigating circumstances prior to sentencing but apparently did nothing. At the sentencing proceeding, the court properly denied Wood’s request for additional time. The information alleged a violation contrary to Section 843.15(l)(b) when it should have alleged Section 843.15(l)(a)....
CopyPublished | District Court of Appeal of Florida | 12 Fla. L. Weekly 314, 1987 Fla. App. LEXIS 6462
...attendance. Thereafter, the court, depending upon the results of further inquiry, might have been justified in revoking the appellant’s bond and remanding him to jail to await trial. He may also be prosecuted for failure to appear, a felony under Section 843.15(1)(a), Florida *156 Statutes, if the state could prove, contrary to the above indications that were before the trial judge, that the appellant’s absence was willful....
CopyPublished | District Court of Appeal of Florida | 11 Fla. L. Weekly 2566, 1986 Fla. App. LEXIS 11203
...llant in accordance with the requirements of Jenkins . We also find error in the post-sentencing imposition of $200 additional court costs pursuant to section 27.3455, Florida Statutes (1985). Appellant’s crime of failure to appear, a violation of section 843.15, Florida Statutes (1983), was committed on November 26, 1984....
CopyPublished | Florida 2nd District Court of Appeal | 2016 Fla. App. LEXIS 19146
...need to habitualize him on [the failure to appear] because he's getting the fifteen PRR
[on the burglary]."
Additionally, a fifteen-year sentence for failure to appear exceeds the
statutory maximum. Failure to appear is a third-degree felony, § 843.15(1)(a), Fla....
CopyPublished | District Court of Appeal of Florida | 1994 Fla. App. LEXIS 12454, 1994 WL 708171
...The state presented adequate facts to support its motion to continue. We affirm the denial of the motion for discharge. AFFIRMED. GOSHORN and W. SHARP, JJ., concur. . §
831.02, Fla.Stat. (1987). . §
831.01, Fla.Stat. (1987). . §
812.014(2)(c), Fla.Stat. (1987). . §
843.15(l)(a), Fla.Stat....
CopyPublished | District Court of Appeal of Florida
ought to be lowered, but it bears noting that section
843.15, Florida Statutes, which provides for criminal
