JAMES EDWARD KIRK, APPELLANT,
v.
THE STATE OF FLORIDA, APPELLEE
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Kirk was convicted of grand theft and held in criminal contempt during trial. He appealed his separate sentencing for criminal contempt, arguing it should have been scored on the sentencing guidelines sheet as an additional offense rather than sentenced independently. The court affirmed the separate sentencing, holding that criminal contempt is an offense against the court itself requiring independent punishment to preserve judicial authority.
Criminal contempt convictions should not be scored on sentencing guidelines sheets as additional offenses at conviction, but rather may be sentenced separately. The contempt proceeding is independent of proceedings on other offenses, and the unique nature of contempt as an offense against the court itself requires independent sentencing authority to preserve judicial dignity and authority.
[1] Criminal contempt proceedings are independent of proceedings on other offenses.
[2] A conviction for criminal contempt is not an additional offense at conviction for the original charges.
Previewing 2 of 5 headnotes on this case. FLexlaw’s editorially structured points of law — every proposition, pinpointed — are reserved for members.
Join FLexlaw to unlock all legal intelligence“criminal contempt is an offense against the court itself, arising from some conduct in the trial of the original cause. The contempt proceedings are independent of the proceedings on any other offenses.”
Establishes the fundamental distinction between contempt and other offenses, supporting independent sentencing.
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Join FLexlaw to unlock all legal intelligenceKirk was tried for grand theft and convicted. During the trial proceedings, Kirk was held in criminal contempt of court. The trial court imposed a sep…
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NESBITT, Judge.
Kirk was tried for and convicted of grand theft. During the proceeding he was held in criminal contempt. The trial court sentenced Kirk separately for the criminal contempt, instead of scoring that conviction on the guidelines sheet along with the grand theft. Kirk appeals his conviction for grand theft and his sentence on the criminal contempt conviction. Finding the contention regarding the sentence for criminal contempt to be the only one worthy of consideration, we discuss that point and affirm.
Kirk attacks his sentence on the criminal contempt charge, arguing that the conviction should have been scored on the guidelines sheet as an additional offense at conviction,1 and not been subject to a separate sentence. We disagree.
First, criminal contempt is an offense against the court itself, arising from some conduct in the trial of the original cause. The contempt proceedings are independent of the proceedings on any other offenses. Conviction and sentence on the contempt may occur at any time during the pendency of the proceedings on the other offenses. Since the contempt proceeding is not directly a part of the original cause, see South Dade Farms, Inc. v. Peters, 88 So. 2d 891, 899 (Fla.1956), the conviction is not an additional offense at conviction on the original charges.
Second, criminal contempt is a crime against the dignity of the court and the authority to punish it has been considered an inherent power. Ex Parte Earman, 85 Fla. 297, 95 So. 755 (1923); Vines v. Vines, 357 So. 2d 243 (Fla. 2d DCA 1978). The power is essential to the vindication of the court’s authority. If criminal contempt convictions are factored into guidelines scoresheets the presumptive sentence could, in many instances, be no greater than if the criminal contempt had not occurred. Such a result clearly diminishes the ability of the courts to vindicate their judicial authority. In other words, the nature of the offense, and its consequences, dictate that the courts be free to independently punish its occurrence. Accordingly, we affirm the sentence imposed for criminal contempt.
Affirmed.
. Imprisonment for criminal contempt may not exceed 12 months. Aaron v. State, 284 So. 2d 673, 676 (Fla.1973); § 775.02, Fla.Stat. (1983). Consequently, if classified, it would appear to be a misdemeanor. § 775.08(2), Fla.Stat. (1983). While misdemeanors may be scored as additional offenses at conviction, we find, as discussed below, that the unique nature of this crime calls for independent sentencing.
Cases With Similar Vibessemantic neighbors from the corpus
Citator
Authorities Cited
- Ex parte Earman, 85 Fla. 297 (Fla. 1923)
- Aaron v. State, 284 So. 2d 673 (Fla. 1973)
- Yair Barak v. ACS Int'l Projects, Ltd. (Fla. 3d DCA 2021)
- S. Dade Farms, Inc. v. Peters, 88 So. 2d 891 (Fla. 1956)
- Vines v. Doyle Eugene Vines, 357 So. 2d 243 (Fla. 2d DCA 1978)