Opinion
No. SC94070.
Opinion filed May 18, 2000.
Application for Review of the Decision of the District Court of Appeal — Certified Great Public Importance — First District — No. 1D98-1100 (Bay County).
Nancy A. Daniels, Public Defender, and David P. Gauldin, Assistant Public Defender, Second Judicial Circuit, Tallahassee, Florida, for Petitioner.
Robert A. Butterworth, Attorney General, James W. Rogers, Tallahassee Bureau Chief, Criminal Appeals, and Edward C. Hill, Jr., Assistant Attorney General, Tallahassee, Florida, for Respondent.
We have for review Taylor v. State, 711 So.2d 1387 (Fla. 1st DCA 1998), wherein the district court certified the following question:
Should the holding in State v. Gurican, 576 So.2d 709 (Fla. 1991), be re-evaluated in light of Ortega-Rodriguez v. United States, 507 U.S. 234, 113 S.Ct. 1199, 122 L.Ed.2d 581 (1993)?
Taylor v. State, No. 98-1100 (Fla. 1st DCA Sept. 11, 1998). We have jurisdiction. See art. V, § 3(b)(4), Fla. Const.
We have since answered this question in the affirmative inGriffis v. State, No. 92, 160 (Fla. May 18, 2000), wherein we held that where a defendant absconds and returns before filing an appeal, the misconduct ordinarily should be addressed by the trial court, not the appellate court. Automatic appellate dismissal in such a situation is improper under Ortega-Rodriguez. We quashTaylor and remand for proceedings consistent with Griffis.
It is so ordered.
HARDING, C.J., and WELLS, ANSTEAD, PARIENTE and LEWIS, JJ., concur.
QUINCE, J., concurs in result only.