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MORRA v. ST. FOR USE & BEN. OF MONROE CTY.

Nos. 83-270, 83-1440.

460 So.2d 507 (1984)

Luciano MORRA, Eugene Holzhauer and Southland Insurance Company, Appellants, v. The STATE of Florida, for the Use and Benefit of Monroe COUNTY, Appellee.

District Court of Appeal of Florida, Third District.

December 11, 1984.

Attorney(s) appearing for the Case

Randolph Q. Ferguson, Miami, for appellants.

Jim Smith, Atty. Gen. and Calvin L. Fox, Asst. Atty. Gen., Lucien C. Proby, Jr., County Atty. and James R. Keller, Asst. County Atty., for appellee.

Before HENDRY, BASKIN and FERGUSON, JJ.

PER CURIAM.

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,<...

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