IN THE DISTRICT COURT OF APPEAL OF THE STATE OF FLORIDA
FIFTH DISTRICT
NOT FINAL UNTIL TIME EXPIRES TO
FILE MOTION FOR REHEARING AND
DISPOSITION THEREOF IF FILED
BRIAN CARL RICHARDS,
Appellant,
v. Case No. 5D16-412
STATE OF FLORIDA,
Appellee.
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Opinion filed December 16, 2016
Appeal from the Circuit Court
for Orange County,
Greg A. Tynan, Judge.
James S. Purdy, Public Defender, and
Sean Kevin Gravel, Assistant Public
Defender, Daytona Beach, for Appellant.
Pamela Jo Bondi, Attorney General,
Tallahassee, and Andrea K. Totten,
Assistant Attorney General, Daytona
Beach, for Appellee.
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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