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STATE v. GROSS

No. 4D03-2247.

874 So.2d 1292 (2004)

STATE of Florida, Appellant, v. Brian GROSS, Appellee.

District Court of Appeal of Florida, Fourth District.

June 23, 2004.

Attorney(s) appearing for the Case

Charles J. Crist, Jr., Attorney General, Tallahassee, and Claudine M. LaFrance, Assistant Attorney General, West Palm Beach, for appellant.

Samuel S. Fields of Ruden, McClosky, Smith, Schuster & Russell, P.A., Fort Lauderdale, for appellee.

PER CURIAM.

Affirmed. See Fla. R.Crim. P. 3.131(j)(requiring issuance of capias upon filing of information, if person named is neither in custody nor at large on bail); see also § 932.48, Fla. Stat. (2003)(requiring clerk to issue capias upon filing of information); Datema v. Barad, 372 So.2d 193 (Fla. 3d DCA 1979) (stating that nonappearance does not constitute evidence of non-availability for trial where...

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