District Court of Appeal of Florida· 1/23/1987
Johnson v. State
Citations
- 501 So. 2d 158
- 12 Fla. L. Weekly 371
How courts have described this case
Verbatim parenthetical descriptions written by other courts when citing this decision. Ranked by citation-network relevance.
- noting that “only in the most merciless and draconian system of justice” would a failure beyond 7 one’s control “result in a forfeiture of his bargained-for sentence”
- reasoning where defendant was arrested on his way to court, and thus failed to appear on time, there was no willful failure to appear, and the original, bargained-for sentence should be imposed
- defendant was entitled to mitigation where his failure to appear was due to the fact that, while on his way to report, he was arrested on a traffic charge
- “[W]here timely appearance for sentencing is made a condition of a plea agreement, a non- willful failure to appear will not vitiate the agreement . . . .”
- finding defendant's non-appearance involuntary where he had been arrested
- absent conviction, willful failure to appear impermissible departure ground
Source: CourtListener parenthetical corpus (CC0).
Judges: Schwartz, C.J., and Daniel S. Pearson and Jorgenson
Read full opinion on CourtListenerCited by
28 cases in this archive cite this case; the 20 most cited are listed.
- Cobb v. StateDistrict Court of Appeal of Florida· 1987-08-18· cited 32×
- Stephney v. StateDistrict Court of Appeal of Florida· 1990-08-07· cited 24×
- Searcy v. StateDistrict Court of Appeal of Florida· 2008-01-09· cited 24×
- Thomas v. StateDistrict Court of Appeal of Florida· 1988-06-03· cited 15×
- Robinson v. StateDistrict Court of Appeal of Florida· 2006-12-13· cited 13×
- People v. HayesAppellate Court of Illinois· 1987-08-18· cited 13×
- Gonzalez v. StateDistrict Court of Appeal of Florida· 1987-08-18· cited 11×
- Ingmire v. StateDistrict Court of Appeal of Florida· 2009-05-06· cited 5×
- Orange v. StateDistrict Court of Appeal of Florida· 2007-01-31· cited 5×
- Palmore v. StateDistrict Court of Appeal of Florida· 2011-08-15· cited 5×
- Hawkins v. StateDistrict Court of Appeal of Florida· 2014-05-23· cited 5×
- Valladares v. StateDistrict Court of Appeal of Florida· 2000-04-12· cited 4×
- Johnson v. StateDistrict Court of Appeal of Florida· 1987-06-23· cited 4×
- Green v. StateDistrict Court of Appeal of Florida· 1996-10-02· cited 4×
- Breland v. StateDistrict Court of Appeal of Florida· 2007-03-12· cited 3×
- Fulton v. StateDistrict Court of Appeal of Florida· 2011-03-30· cited 3×
- Espinal v. RyanDistrict Court of Appeal of Florida· 2010-01-26· cited 2×
- Hut v. StateDistrict Court of Appeal of Florida· 1987-05-19· cited 2×
- Steven C. Richardson v. StateDistrict Court of Appeal of Florida· 2016-08-19· cited 1×
- Santamaria v. StateDistrict Court of Appeal of Florida· 1988-07-12· cited 1×
Cites
2 cases in this archive are cited by this case.
Sourced from CourtListener / Free Law Project (CC0).
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