Charles Dean Lawson v. Commonwealth of VA

BENTON, Judge.

The trial judge convicted Charles Dean Lawson of the felony of willfully failing to appear in the circuit court in violation of Code § 19.2-128(B). Lawson contends the statute does not apply to his failure to appear for a “show cause” hearing concerning a probation violation. We agree and reverse the conviction.

I

A grand jury indicted Lawson for “feloniously failing] to appear before the circuit court ...., as required after notice, on a felony charge,” in violation of Code § 19.2-128. At trial, the prosecutor informed the judge that on December 16, 1999, Lawson “came to court,…