RAY SANDSTROM, APPELLANT,
v.
STATE OF FLORIDA, APPELLEE
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A contemptuous violation of an underlying order insulates that order from attack, and failure to appear can constitute direct contempt.
Appellant was held in direct criminal contempt for failing to appear in court as ordered. The written contempt order differed from the oral sentence.…
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PER CURIAM.
This is an appeal from an order holding appellant in direct criminal contempt. First, appellant attacks the validity of the underlying order. Since the trial court had jurisdiction to render the underlying order and the order was not transparently invalid or a mere frivolous pretense to validity, the propriety of said order became insulated from attack upon the contemptuous violation thereof. Sandstrom v. State, 309 So. 2d 17 (Fla.4th DCA 1975), cert. discharged 336 So. 2d 572 (Fla.1976) relying, in part, on Walker v. City of Birmingham, 388 U.S. 307, 315, 87 S.Ct. 1824, 1829, 18 L.Ed.2d 1210 (1967); In re Estate of Coveney, 324 So. 2d 681 (Fla.4th DCA 1976).
Appellant’s next assertion that his failure to appear in court on the day and time ordered could not be the basis for a direct contempt, but only an indirect contempt, is erroneous. Aron v. Huttoe, 258 So. 2d 272 (Fla.3d DCA 1972), adopted 265 So. 2d 699 (Fla.1972); see James v. State, 385 So. 2d 1145 (Fla.3d DCA 1980).
Finally, in open court the trial court orally sentenced appellant to twenty-four hours in jail in addition to a fine of $2,000. When reduced to a writing the order recited jail time of forty-eight hours as well as the $2,000 fine. The written order must be corrected to conform to the oral pronouncement. Byrd v. State, 388 So. 2d 1362 (Fla.5th DCA 1980); Towson v. State, 382 So. 2d 870 (Fla.5th DCA 1980); Sampson v. State, 375 So. 2d 325 (Fla.2d DCA 1979); Chester v. State, 355 So. 2d 509 (Fla.2d DCA 1978); Sing Eng v. State, 350 So. 2d 559 (Fla.2d DCA 1977).
REMANDED for correction of the sentence; otherwise AFFIRMED.
DOWNEY, HERSEY and GLICKSTEIN, JJ., concur.
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Timmons v. State, 453 So. 2d 143 (Fla. 1st DCA 1984)…0 fine. This is not a legal sentence. Id. However, the oral pronouncement of sentence controls and the written order must be corrected to conform to the oral pronouncement. See Kelly v. State, 414 So. 2d 1117 (Fla. 4th DCA 1982); Sandstrom v. State, 390 So. 2d 448 (Fla. 4th DCA 1980), rev. denied, 397 So. 2d 779 (Fla.1981). Accordingly, appellant’s conviction is affirmed, the written sentencing order is vacated, and this cause is remanded so that a corrected written sentencing order may be entered which con…
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Dailey v. State, 471 So. 2d 1349 (Fla. 1st DCA 1985)…we remand to the trial court for reconsideration of Dailey’s credit for time served according to James v. State, supra, and correction of the written violation of probation order to conform to the oral pronouncements at hearing. Sandstrom v. State, 390 So. 2d 448 (Fla. 4th DCA 1980). BOOTH and SHIVERS, JJ., and PEARSON, TILLMAN (Retired), Associate Judge, concur. . In State v. Rhoden, 448 So. 2d 1013 (Fla.1984), the trial court failed to comply with Section 39.111(6), Florida Statutes (1981), which require…
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Woods v. State, 600 So. 2d 27 (Fla. 4th DCA 1992)…. 2d 699 (Fla.1972), which held that a defendant who failed to appear at trial pursuant to a subpoena may be summarily punished as a direct criminal contempt after failing to provide an adequate excuse for nonappearance. See also Sandstrom v. State, 390 So. 2d 448 (Fla. 4th DCA 1980). We have found no Florida authority to treat a failure to appear at sentencing any differently.1 However, we acknowledge that the federal courts generally do not treat a failure to appear as a summary contempt. Securities & Exch.…
Previewing 3 of 20 citing cases — full citator treatment, depth of discussion, and citing context are member features.
Join FLexlaw to unlock all legal intelligenceAuthorities Cited (13 total)
- Walker v. City of Birmingham, 388 U.S. 307 (U.S. 1967)
- Sterling Sampson v. State, 375 So. 2d 325 (Fla. 2d DCA 1979)
- Aron v. The Honorable Arthur Huttoe, 258 So. 2d 272 (Fla. 3d DCA 1972)
- Sandstrom v. State, 309 So. 2d 17 (Fla. 4th DCA 1975)
- Parisi v. State, 265 So. 2d 699 (Fla. 1972)
- Aron v. Honorable Arthur Huttoe, 265 So. 2d 699 (Fla. 1972)
- ENG v. State, 350 So. 2d 559 (Fla. 2d DCA 1977)
- Towson v. State, 382 So. 2d 870 (Fla. 5th DCA 1980)
- Sandstrom v. State, 336 So. 2d 572 (Fla. 1976)
- Byrd v. State, 388 So. 2d 1362 (Fla. 5th DCA 1980)