01-2522 VASQUEZ V. STATE

State: Florida

Court: Florida Third District Court

Docket No: 01-2522 VASQUEZ V. STATE

Case Date: 12/18/2002

Preview:NOT FINAL UNTIL TIME EXPIRES TO FILE REHEARING MOTION AND, IF FILED, DISPOSED OF.

IN THE DISTRICT COURT OF APPEAL OF FLORIDA THIRD DISTRICT JULY TERM, A.D. 2002

GERARDO VASQUEZ, Appellant, vs. THE STATE OF FLORIDA, Appellee.

** ** ** ** ** CASE NO. 3D01-2522 LOWER TRIBUNAL NO. 00-9462

Opinion filed December 18, 2002. An Appeal from the Circuit Court for Dade County, Scott Silverman, Judge. Bennett H. Brummer, Public Defender, and Clayton R. Keiser, Special Assistant Public Defender, for appellant.
Richard E. Doran, Attorney General, and Jill K. Traina, Attorney General, for appellee. Assistant

Before JORGENSON, LEVY, and RAMIREZ, JJ.

PER CURIAM.

ON ORDER DISMISSING APPEAL

On the Court's own motion, this appeal is dismissed for the following reasons. Gerardo Vasquez was found guilty of two counts of incest, two counts of engaging in sexual activity with a familial child, and two counts of lewd and lascivious assault. absconded prior to trial and was sentenced in absentia. Vasquez has had no contact with appellate counsel, who has nevertheless proceeded as if an appeal were so desired. Where a defendant absconds and fails to return before the appellate process begins, the appropriate measure is to dismiss the appeal. 4th DCA 2002). See Abed v. State, 806 So. 2d 627 (Fla. Vasquez

Defense counsel's reliance on Griffis v. State,

759 So. 2d 668 (Fla. 2000), is misplaced, as that case specifically concerns the situation where a defendant absconds but returns before filing an appeal. Abed at 627. Because

Vasquez remains a fugitive, Griffis is inapplicable. DISMISSED.

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