ADOLPHUS WILLIAMS, APPELLANT,
v.
STATE OF FLORIDA, APPELLEE
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FULMER, Judge.
The defendant, Adolphus Williams, appeals his convictions for four counts of kidnapping. We affirm three of the convictions but reverse the conviction for the kidnapping of Lowell Johnson, Sr. As to that charge, the defendant was entitled to be discharged for violation of the speedy trial rule for the reasons explained in this court’s opinion in the appeal of Williams’ codefendant, Adams v. State, 659 So. 2d 396 (Fla. 2d DCA 1995). See also Critton v. State, 659 So. 2d 899 (Fla. 2d DCA 1995).
We reverse the defendant’s conviction on the charge of kidnapping Lowell Johnson, Sr., and remand with directions that the conviction be vacated and the defendant be discharged on this count. Because the defendant’s sentencing scoresheet must be recalculated, we also remand for resentencing on the remaining three convictions which are affirmed.
Affirmed in part, reversed in part and remanded.
DANAHY, A.C.J., and FRANK, J., concur.
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State v. DE LA Portilla, 177 So. 3d 965 (Fla. 2015)…ct and indirect criminal contempt to failures to appear. Compare Speer, 742 So. 2d at 373 (treating the failure to appear as direct criminal contempt, but holding there was insufficient evidence to support the contempt order), with Villate v. State, 663 So. 2d 672, 673 (Fla. 4th DCA 1995) (affirming finding of indirect criminal contempt for failing to appear as a witness). Additionally, both the Second and Fourth District Courts of Appeal have questioned the wisdom of Aron I and Aron II. See Kelley v. Rice, 8…
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Martinez v. State, 799 So. 2d 313 (Fla. 2d DCA 2001)…2d 27 (Fla. 4th DCA 1992); Porter v. Williams, 392 So. 2d 59 (Fla. 5th DCA 1981). We also recognize that in other cases failure to appear has been treated as indirect contempt. See Lowe v. State, 468 So. 2d 258 (Fla. 2d DCA 1985); Villate v. State, 663 So. 2d 672 (Fla. 4th DCA 1995); Fredericks v. Sturgis, 598 So. 2d 94 (Fla. 5th DCA 1992). [*315] In Aron v. Huttoe, 265 So. 2d 699 (Fla.1972), the supreme court approved the Third District’s holding that a failure to appear at trial in response to a witness su…
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Hebb v. State, 714 So. 2d 639 (Fla. 4th DCA 1998)…to his total sentencing points, it cannot be assumed that the change in Appellant’s score would not have affected the trial court’s discretion in imposing the sentence. See Thomas v. State, 659 So. 2d 404, 405 (Fla. 4th DCA 1995); Williams v. State, 663 So. 2d 672 (Fla. 2d DCA 1995). AFFIRMED IN PART; REVERSED IN PART; AND REMANDED. STONE, C.J., and DELL and GUNTHER, JJ., concur.…
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- Adams v. State, 659 So. 2d 396 (Fla. 2d DCA 1995)