An appeals court has upheld the conviction of a former college professor who was released on bond while he appealed his case, a release that sparked outrage from Volusia County Sheriff Mike Chitwood and the family of the young victim.
Mark Fugler, 63, was convicted on June 6, 2019, of three counts each of lewd and lascivious exhibition; lewd and lascivious conduct; and showing obscene materials to a minor.
Senior Judge R. Michael Hutcheson sentenced Fugler to 15 years in prison, but later released him on a $200,000 bond while he appealed his conviction. Hutcheson revoked bond and sent Fugler back to jail after community outrage.
New trial ordered in murder of Flagler County store clerk
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FILE - Generic gavel on wooden table.
TALLAHASSEE, Fla. - An appeals court Friday ordered a new trial for a man convicted of first-degree murder in the 2013 shooting death of a Flagler County convenience-store clerk.
A panel of the 5th District Court of Appeal unanimously ruled that a circuit judge used an incorrect legal standard when he denied a request by Joseph Frank Bova II to represent himself.
Bova was convicted and sentenced to life in prison in 2019 in the murder of Zuheily Rosado, a clerk at a Mobil convenience store, according to local media reports at the time. But the appeals court Friday said Circuit Judge Terence Perkins did not properly handle a request by Bova to represent himself in the case.
2 months ago Share Circuit Judge Terence Perkins should not have denied defendant Joseph Bova s request to represent himself, the court found.
An appeals court Friday, Feb. 5, ordered a new trial for a man convicted of first-degree murder in the 2013 shooting death of Flagler County convenience-store clerk Zuheily Rosado.
A panel of the 5th District Court of Appeal unanimously ruled that a circuit judge used an incorrect legal standard when he denied a request by Joseph Frank Bova II to represent himself.
Bova was convicted and sentenced to life in prison in 2019 in the murder of Rosado, a clerk at a Mobil convenience store, according to local media reports at the time.
Appeals court orders retrial in murder of Flagler County store clerk
News Service of Florida staff
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Joseph Bova was convicted in 2019 of the murder of Zuheily Rosado (Florida Department of Corrections, Rosado family photos)
An appeals court Friday ordered a new trial for a man convicted of first-degree murder in the 2013 shooting death of Flagler County convenience-store clerk Zuheily Rosado.
A panel of the 5th District Court of Appeal unanimously ruled that a circuit judge used an incorrect legal standard when he denied a request by Joseph Frank Bova II to represent himself.
Bova was arrested by Boca Raton police after a search of the car he was in turned up the murder weapon. He was returned to Flagler County. Bova was initially ruled incompetent to stand trial, but later convicted and sentenced to life in prison in 2019 in the murder of Rosado, a clerk at a Mobil convenience store. It took the jury just 39 minutes to convict him.