Donshae Coleman was convicted of first degree robbery as an accomplice, second degree assault, possession of a stolen motor vehicle and bail jumping. All of the convictions, except the one for bail jumping were affirmed on appeal.
The Court of Appeals determined that the State had failed to meet its burden with regard to the bail jumping conviction. Mr. Coleman had been ordered to appear for a hearing at 9:00 a.m. The court’s records indicated only that he had not appeared at 8:30 a.m. As such, the state failed to show that Mr. Coleman had not appeared at 9:00 a.m. The bail jumping conviction was reversed.
The State’s Burden: Even if a criminal defendant can’t show up on time, the court should be able to do so.