Lewis v. State

380 So. 2d 1191, 1980 Fla. App. LEXIS 15672
District Court of Appeal of Florida·Decided March 12, 1980·No. No. 77-2213/T4-14·Published·Cited by 2 cases

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

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