CAPUZZO v. STATE

No. 90-1693.

578 So.2d 328 (1991)

Joseph Frederick CAPUZZO, Appellant, v. STATE of Florida, Appellee.

District Court of Appeal of Florida, Fifth District.

Rehearing Denied May 2, 1991.


Attorney(s) appearing for the Case

Mitchell T. McRae, P.A. and David B. Pakula, P.A., Boca Raton, for appellant.

Robert A. Butterworth, Atty. Gen., Tallahassee, and Belle B. Turner, Asst. Atty. Gen., Daytona Beach, for appellee.


COBB, Judge.

Joseph Frederick Capuzzo appeals the denial of his rule 3.850 motion to vacate his sentence imposed in absentia.

Capuzzo, accompanied by his defense attorney, piloted an aircraft to Orlando to attend a sentencing hearing based upon an earlier plea of nolo contendere. He proceeded from the airport to the Orange County Courthouse where his attorney learned that the state intended to oppose his request for a continuation of the sentencing...

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