WILLIAM A. LEWIS, APPELLANT,
v.
STATE OF FLORIDA, APPELLEE

Fla. 5th DCA | 1980-03-12
No. 77-2213/T4-14
DAUKSCH, C. J., and UPCHURCH and SHARP, JJ., concur.
380 So. 2d 1191 Florida District Court of Appeal, Fifth District (1980) Caution
Cited by 5 cases

Opinion of the Court
PER CURIAM.

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.


Cases With Similar Vibessemantic neighbors from the corpus


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  • Campbell v. State, 972 So. 2d 263 (Fla. 5th DCA 2008)
    …he written order so that it mirrors the court’s acceptance of Campbell’s plea based solely on a violation of condition fifty-eight. The revocation based on the two grounds to which Campbell did not submit a plea must be deleted. See Landry v. State, 380 So. 2d 1191, 1192 (Fla. 5th DCA 1980) (finding that a trial court’s order reflecting different findings than the oral pronouncement could be a harmless clerical error when other conditions were sufficient basis for violation); see also Hayes v. State, 927 So. 2…
  • McDONALD v. State, 409 So. 2d 224 (Fla. 1st DCA 1982)
    …finding that appellant violated Condition No. 8 of his probation because the alleged violation of Condition No. 8 was dismissed by the trial court at the evidentiary hearing below. Grant v. State, 384 So. 2d 928 (Fla. 3d DCA 1980); Landry v. State, 380 So. 2d 1191 (Fla. 5th DCA 1980). Violation of the other two probation conditions was a sufficient basis for revocation of appellant’s probation and no abuse of the trial court’s discretion was shown. Accordingly, the order of revocation is AFFIRMED but REMAND…
  • Williams v. State, 876 So. 2d 27 (Fla. 1st DCA 2004)
    …ce for failure to appear under section 843.15(l)(a), Fla. Stat. (2003). The state properly concedes error and we reverse. A conviction under section 843.15(l)(a), Fla. Stat., requires proof of willfulness beyond a reasonable doubt. Lewis v. State, 380 So. 2d 1191 (Fla. 5th DCA 1980). The state failed to present any evidence that Appellant willfully failed to appear. The evidence, viewed in a light most favorable to the state, shows that Appellant was unaware that his hearing date had been moved up from Decem…

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