DON KEANTHONY WILLIAMS, APPELLANT,
v.
STATE OF FLORIDA, APPELLEE
BROWNING, J.
Appellant seeks review of his conviction and sentence 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 December 5, 2002, to November 26, 2002. “[W]here the evidence is unrefuted that the defendant was not notified to appear in court, the defendant cannot be convicted under the bail jumping statute, [because] his or her failure to appear must not be deemed willful.” 14 Fla. Jur.2d Criminal Law § 285 (2004), citing Lewis.
Accordingly, we REVERSE and REMAND to the trial court to vacate Appellant’s conviction and sentence for failure to appear. KAHN and WEBSTER, JJ., concur.
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Basilio Corrales v. State, 84 So. 3d 406 (Fla. 1st DCA 2012)…ss or intent in the absence of any evidence he ever received notice. The trial court denied the motion. To convict under section 843.15(l)(a), Florida Statutes (2009),2 requires proof of willfulness beyond a reasonable doubt. See Williams v. State, 876 So. 2d 27 (Fla. 1st DCA 2004). While there is no standard jury instruction for offenses under section 843.15, we upheld the use of an instruction in one prosecution under section 843.15 in which the jury was told that “[wjillfully means intentionally, knowing…
Authorities Cited
- Lewis v. State, 380 So. 2d 1191 (Fla. 5th DCA 1980)
- Landry v. State, 380 So. 2d 1191 (Fla. 5th DCA 1980)