Lewis v. State, 380 So. 2d 1191 (Fla. 5th DCA 1980). · Go Syfert
Lewis v. State, 380 So. 2d 1191 (Fla. 5th DCA 1980). Cases Citing This Book View Copy Cite
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William A. LEWIS
v.
STATE of Florida
No. 77-2213/T4-14.
District Court of Appeal of Florida, Fifth District.
Mar 12, 1980.
Published opinion
380 So. 2d 1191
1980 Fla. App. LEXIS 15672
Richard L. Jorandby, Public Defender, and Tatjana Ostapoff, Chief, Appellate Division, Asst. Public Defender, West Palm Beach, for appellant., Jim Smith, Atty. Gen., Tallahassee, and Benedict P. Kuehne, Asst. Atty. Gen., West Palm Beach, for appellee.
Dauksch, Sharp, Upchurch.
Cited by 2 opinions  |  Published
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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.