Lewis v. State

District Court of Appeal of Florida

Lewis v. State

380 So. 2d 1191, 1980 Fla. App. LEXIS 15672

CourtDistrict Court of Appeal of Florida

DecidedMarch 12, 1980

DocketNo. 77-2213/T4-14

StatusPublished

Cited by2 cases

This text of 380 So. 2d 1191 (Lewis v. State) is published on Counsel Stack Legal Research, covering District Court of Appeal of Florida primary law. Counsel Stack provides free access to over 12 million legal documents including statutes, case law, regulations, and constitutions.

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Lewis v. State, 380 So. 2d 1191, 1980 Fla. App. LEXIS 15672 (Fla. Ct. App. 1980).

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Opinion

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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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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380 So. 2d 1191, 1980 Fla. App. LEXIS 15672, Counsel Stack Legal Research, https://law.counselstack.com/opinion/lewis-v-state-fladistctapp-1980.

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