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MARSHALL v. STATE

No. 76-1355.

344 So.2d 646 (1977)

Larry MARSHALL, Appellant, v. STATE of Florida, Appellee.

District Court of Appeal of Florida, Second District.

April 15, 1977.

Attorney(s) appearing for the Case

Jack O. Johnson, Public Defender, and David S. Bergdoll, Asst. Public Defender, Bartow, for appellant.

Robert L. Shevin, Atty. Gen., Tallahassee, and Mary Jo M. Gallay, Asst. Atty. Gen., Tampa, for appellee.

ON MOTION TO DISMISS

GRIMES, Judge.

Pending his appeal the appellant escaped from custody. He was recaptured several days later in Alabama and subsequently returned to jail in Florida. Thereafter, the state filed a motion to dismiss this appeal predicated upon his escape.

Historically, the appellate courts of Florida1 as well as those throughout the nation2 have declined to process appeals...

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