ERNEST PAYNE, APPELLANT,
v.
STATE OF FLORIDA, APPELLEE
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GLICKSTEIN, Judge.
This is an appeal of a final order, finding the defendant guilty of direct criminal contempt. We reverse.
We are empathetic with the trial judge, who was there when the episode occurred. Nevertheless, the trial court heard only an expletive — one word, nothing more — and not the statements which two witnesses heard. Accordingly, his conclusion was not based on what he actually heard, which was insufficient for a finding of direct criminal contempt. Florida Rule of Criminal Procedure 3.830.
While we reverse, nothing in this opinion is meant to prevent the trial court from instituting indirect criminal contempt proceedings in accordance with Florida Rule of Criminal Procedure 3.840. Under this rule appellant should be advised of his right to counsel. See Florida Rule of Criminal Procedure 3.840(a)(4).
LETTS and GUNTHER, JJ., concur.
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Woodie v. Campbell, 960 So. 2d 877 (Fla. 1st DCA 2007)…(Fla. 2d DCA 1976) (reversing the appellant’s conviction for direct criminal contempt because the judge did not hear the appellant call him a son-of-a-bitch; only the bailiff brought the appellant’s comment to the court’s attention); Payne v. State, 486 So. 2d 74 (Fla. 4th DCA 1986) (reversing a direct criminal contempt conviction when the judge heard a one-word expletive, not the alleged comment which two witnesses claimed to have heard). Additionally, “[cjriminal contempt requires some willful act or omis…
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Davila v. State, 100 So. 3d 262 (Fla. 3d DCA 2012)…uttered a short profanity that was not heard by the judge, it did not interrupt any proceeding, and it was clear that the administration of justice was not hindered because the court moved on to the next case without hesitation.2 See Payne v. State, 486 So. 2d 74 (Fla. 4th DCA 1986) (reversing a direct criminal contempt conviction when the judge heard a one-word expletive, not the alleged comment which two witnesses claimed to have heard); Barr v. State, 334 So. 2d 636 (Fla. 2d DCA 1976) (reversing contempt…
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Patterson v. State, 513 So. 2d 1263 (Fla. 1987)…7): WHETHER ALL SENTENCING GUIDELINES AMENDMENTS ARE TO BE CONSIDERED PROCEDURAL IN NATURE SO THAT THE GUIDELINES AS MOST RECENTLY AMENDED SHALL BE APPLIED AT THE TIME OF SENTENCING WITHOUT REGARD TO THE EX POST FACTO DOCTRINE. Patterson v. State, 486 So. 2d 74, 76 n. 1 (Fla. 4th DCA 1986). We approved the result of the district court’s opinion, finding that, on the authority of Jackson, we had answered the certified question in the affirmative in Wilkerson. Patterson v. State, 499 So. 2d 831 (Fla.), vaca…
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