Morra v. State

A defendant on bond who inconvenienced the court, a jury venire, and witnesses by not appearing on the date of trial, but who was surrendered by the surety to the custody of authorities within thirty days of the trial date and was subsequently tried and convicted, has not “thwarted the proper prosecution of the defendant” as that term is used in sections 903.26(5)(c) and 903.-28(2), Florida Statutes (1983). See Allied Bonding Agency, Inc. v. State, 358 So.2d 246 (Fla. 4th DCA 1978) (not every disappearance of a defendant thwarts prosecution even though it causes delay). Here a timely motion…