Wright v. State
WANDA WRIGHT, Appellant, v. STATE OF FLORIDA, Appellee.
CASE NO. 1D05-3089
COURT OF APPEAL OF FLORIDA, FIRST DISTRICT
January 31, 2007, Opinion Filed
NOTICE: [*1] NOT FINAL UNTIL TIME EXPIRES TO FILE MOTION FOR REHEARING AND DISPOSITION THEREOF IF FILED
PRIOR HISTORY: An appeal from the Circuit Court for Escambia County. Nickolas P. Geeker, Judge.
DISPOSITION: The judgment of conviction and sentence is REVERSED.
COUNSEL: Nancy A. Daniels, Public Defender, and Kathleen Stover, Assistant Public Defender, Tallahassee, for Appellant.
Charlie Crist, Attorney General, and Giselle Lylen Rivera, Assistant Attorney General, Tallahassee, for Appellee.
JUDGES: BARFIELD, PADOVANO, and POLSTON, JJ., CONCUR.
OPINION: PER CURIAM.
Wanda Wright was convicted of a violation of section 787.04(4), Florida Statutes, for failing to timely return her children to their father, the custodial parent, following a summer vacation visit outside the state of Florida. The visitation was pursuant to a modified final judgment respecting custody. A final judgment is not “any action or proceeding pending in this state” as required by the statute.
The judgment of conviction and sentence is REVERSED.
BARFIELD, PADOVANO, and POLSTON, JJ., CONCUR.