BOBBY RANDALL OSBORNE, APPELLANT,
v.
STATE OF FLORIDA, APPELLEE
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HOBSON, Acting Chief Judge.
Bobby Randall Osborne appeals an order adjudicating him guilty of direct criminal contempt and sentencing him to 20 days in the county jail. We reject as without merit his arguments that his conduct in question did not constitute direct criminal contempt and that his punishment was disproportionate to the offense. However, we accept his contention that the trial court committed a technical error by failing to recite in the judgment those facts upon which the adjudication of guilt is based, as required by Florida Rule of Criminal Procedure 3.830. Potts v. State, 330 So. 2d 547 (Fla. 4th DCA 1976).
Accordingly, we reverse the judgment and remand with directions that the court render a judgment which complies with the requirements of Rule 3.830.
REVERSED and REMANDED.
BOARDMAN and CAMPBELL, JJ., concur.
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Woods v. State, 987 So. 2d 669 (Fla. 2d DCA 2007)…Rule 3.830 mandates that in cases of direct criminal contempt the judgment of guilt shall “include a recital of those facts on which the adjudication of guilt is based.” See also Stahl v. State, 906 So. 2d 354 (Fla. 2d DCA 2005); Osborne v. State, 430 So. 2d 551 (Fla. 2d DCA 1983). The rule is not discretionary. It serves a necessary purpose because the contemptuous conduct may well be in the form of statements or actions that are not part of a court proceeding and that are not recorded. Gidden v. State, 61…
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Fisher v. State, 482 So. 2d 587 (Fla. 1st DCA 1986)…5 So. 2d 609 (Fla. 2d DCA 1976); Holden v. State, 380 So. 2d 548 (Fla. 2d DCA 1980). Even technical errors, such as a failure to recite in the judgment those facts upon which the adjudication of guilt was based, require a reversal. Osborne v. State, 430 So. 2d 551 (Fla. 2d DCA 1983). In the present case, a required written and signed order was not entered of record. In its brief, the State relies heavily upon the case of Saunders v. State, 319 So. 2d 118 (Fla. 1st DCA 1975), in which this court upheld an adj…
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Schenck v. State, 645 So. 2d 71 (Fla. 4th DCA 1994)…, 616 So. 2d 550 (Fla. 2d DCA 1993); Johnson v. State, 584 So. 2d 95 (Fla. 1st DCA 1991); Wells v. State, 487 So. 2d 1101 (Fla. 5th DCA), cause dism’d, 491 So. 2d 281 (Fla.1986); Tenorio v. State, 462 So. 2d 880 (Fla. 2d DCA 1985); Osborne v. State, 430 So. 2d 551 (Fla. 2d DCA 1983); Bay v. State, 352 So. 2d 110 (Fla. 1st DCA), cert. denied, 360 So. 2d 1250 (Fla.1977); but see Gidden v. State, 593 So. 2d 294 (Fla. 5th DCA), approved, 613 So. 2d 457 (Fla.1993) (oral findings of indirect criminal contempt state…
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- Potts v. State, 330 So. 2d 547 (Fla. 4th DCA 1976)