Opinion
No. 1-972 / 01-0742.
Filed January 9, 2002.
Appeal from the Iowa District Court for Polk County, ROBERT D. WILSON, Judge.
Defendant Curtis Brown appeals from the judgment and conviction for failure to appear in violation of Iowa Code section 811.2(8) (1999) entered following a jury trial. AFFIRMED.
Linda Del Gallo, State Appellate Defender, and David Adams, Assistant Appellate Defender, for appellant.
Thomas J. Miller, Attorney General, and Karen Doland, Assistant Attorney General, for appellee.
Considered by SACKETT, C.J., and MAHAN and HECHT, JJ.
Defendant Curtis Brown appeals from the judgment and conviction for failure to appear, in violation of Iowa Code section 811.2(8) (1999), entered following a jury trial. Defendant contends there is not sufficient evidence to support his conviction because the State failed to prove his failure to appear was willful. We affirm.
Defendant, represented by an attorney, entered a plea of guilty to a felony charge in Polk County. The sentencing date was set for February 18, 2000. Defendant appeared for sentencing on that date, but the sentencing was continued until March 13, 2000. Defendant admits he received a copy of the new sentencing order and knew the sentencing date had been continued to March 13, 2000. Defendant also admitted he did not appear on that date.
When defendant did not appear for sentencing an arrest warrant issued. Defendant turned himself in to Minnesota authorities in November of 2000. He waived extradition to Iowa, and Polk County authorities brought him back to Des Moines.
We review a challenge to the sufficiency of the evidence for correction of errors at law. State v. Thomas, 561 N.W.2d 37, 39 (Iowa 1997). The jury's findings of guilt are binding on appeal if supported by substantial evidence. State v. Hopkins, 576 N.W.2d 374, 377 (Iowa 1998). Substantial evidence is such evidence as would convince a rational trier of fact that the defendant is guilty beyond a reasonable doubt. State v. Torres, 495 N.W.2d 678, 681 (Iowa 1993). In deciding if there is substantial evidence we view the evidence in the light most favorable to the State, we consider all evidence presented at trial and not just the evidence that supports the guilty verdict. State v. Robinson, 288 N.W.2d 337, 340 (Iowa 1980).
Iowa Code section 811.2(8) applies to, as it states, "Any person who, having been released pursuant to this section, willfully fails to appear before any court or magistrate as required. . . ."
Defendant contends the State presented no evidence that his failure to appear was willful and that the State did not introduce evidence to refute defendant's contention that he had problems that prevented him from appearing. Defendant contended he lost his place to stay in Iowa and went to his aunt's home in Minnesota, because it was the only home he could find; that his car broke down; and that he had no money to return to Iowa and was unable to get a ride. We note that defendant chose not to use money he earned in Minnesota to buy a bus ticket to Des Moines, Iowa.
"Willfully failing" is a voluntary and intentional violation of a known legal duty. State v. Osborn, 368 N.W.2d 68, 70 (Iowa 1985). "Willful" means a deliberate or intended violation, as distinguished from an accidental, inadvertent, or negligent violation of an order. United States v. Baldwin, 770 F.2d 1550, 1558 (11th Cir. 1985). The defendant's admission he knew of the court date and chose not to return for it is sufficient to support the jury's finding his failure to appear was willful. See id. There is sufficient evidence to support the conviction, and we affirm.
AFFIRMED.