Villate v. State

STEVENSON, Judge.

Appellant, Giovanny Villate, was found in indirect contempt of court for failing to appear and give testimony in a criminal trial after he was duly served with a lawfully issued subpoena. Villate stated that he did not show up at the trial because the defendant is a notorious gang member and Villate feared that the defendant would seek revenge against him if he testified. Consequently, Villate argues that he cannot be found guilty of intentionally violating the subpoena compelling him to testify because it was fear and not disrespect for the court which inspired his absence.…