Opinion
No. 77-2213/T4-14.
March 12, 1980.
Appeal from the Circuit Court, Brevard County, J. William Woodson, J.
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.
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.