Florida District Courts of Appeal, 1980

Lewis v. State

Lewis v. State
Florida District Courts of Appeal · Decided March 12, 1980 · Dauksch, Sharp, Upchurch
380 So. 2d 1191; 1980 Fla. App. LEXIS 15672 (Southern Reporter, Second Series)

Lewis v. State

Opinion of the Court

PER CURIAM.

This is an appeal from a conviction of willfully failing to appear in court. Sec. 843.15(1) Fla.Stat. (1979). Because the evidence is unrefuted that the accused was not notified to appear, we must deem the failure to appear to be not willful and thus not a crime. Because we must reverse the conviction of the Appellant for the reasons above, we do not need to discuss the issue of ineffectiveness of counsel.

REVERSED.

DAUKSCH, C. J., and UPCHURCH and SHARP, JJ., concur.

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