Legal Opinion

Roque v. State

District Court of Appeal of Florida

Decided July 23, 2008No. 3D06-3177Published

1Opinion of the CourtCope, J.

This is an appeal of a sentencing order entered for violation of a substantial assistance agreement. We remand for further proceedings.

Defendant-appellant Elieser Roque was charged with trafficking in marijuana in excess of twenty-five pounds. He entered into a substantial assistance agreement with the State, which was accepted by the court. He was adjudicated guilty, with sentencing to be deferred.

Several months later, the defendant failed to appear at a court hearing and an alias capias was issued. The defendant was picked up after two and one-half months on the alias capias.

At the next…

2Cases cited4 opinions

  1. Johnson v. StateDistrict Court of Appeal of Florida · 1987
  2. Robinson v. StateDistrict Court of Appeal of Florida · 2006
  3. Orange v. StateDistrict Court of Appeal of Florida · 2007
  4. Breland v. StateDistrict Court of Appeal of Florida · 2007

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