ED WHITE AND BARBARA CORNWELL, APPELLANTS,
v.
CHARLES R. BUCK, ET AL., APPELLEES
DAUKSCH, Judge.
This is an appeal from an order adjudging appellants guilty of indirect criminal contempt. Because the order fails to follow Florida Rule of Criminal Procedure 3.840(a)(6), we set aside the judgment. The rule requires the order to set forth the facts upon which the judgment is based. Miller v. State, 305 So. 2d 826 (Fla. 4th DCA 1975); Moore v. State, 245 So. 2d 880 (Fla. 2d DCA 1971). Contempt proceedings often result in jail sentences, as did this one. For that reason the court must follow the law with precision, both to advise the accused and to permit meaningful appellate review.
The judgment and sentence are set aside and this cause remanded for entry of a proper judgment.
VACATED and REMANDED.
UPCHURCH, C.J., and SHARP, J., concur. '
Cases With Similar Vibessemantic neighbors from the corpus
Citator
Cited By
-
Gidden v. State, 593 So. 2d 294 (Fla. 5th DCA 1992)…t only Gidden’s argument concerning his conviction for criminal contempt merits discussion. We have voted to consider this case en banc in order to reconsider our decisions in Alexander v. State, 576 So. 2d 350 (Fla. 5th DCA 1991) and White v. Buck, 505 So. 2d 36 (Fla. 5th DCA 1987). The offense of indirect criminal contempt is governed by Rule 3.840, Florida Rules of Criminal Procedure. Rule 3.840(a)(6) provides in pertinent part: There should be included in a judgment of guilty a recital of the facts con…1 / 3
-
Blaine Thomas Hofeling v. Laura Catherine Hofeling (Witkowski), 546 So. 2d 1176 (Fla. 2d DCA 1989)…by rule 3.840(a)(4) and (a)(7), see Bradley v. State, 420 So. 2d 417 (Fla. 1st DCA 1982); and (3) the order from which this appeal has been taken does not recite the facts constituting the contempt as required by rule 3.840(a)(7), see White v. Buck, 505 So. 2d 36 (Fla. 5th DCA 1987). Reversed. DANAHY, A.C.J., and ALTENBERND, J., concur.…
-
Alexander v. State, 576 So. 2d 350 (Fla. 5th DCA 1991)…DAUKSCH, Judge. This is an appeal from an order adjudging appellant guilty of indirect criminal contempt. As in White v. Buck, 505 So. 2d 36 (Fla. 5th DCA 1987), we set aside the judgment because the order fails to follow Florida Rule of Criminal Procedure 3.840(a)(6). The rule requires that there be included in the judgment of guilty a recital of the facts constituting the contempt of w…
Previewing 3 of 6 citing cases — full citator treatment, depth of discussion, and citing context are member features.
Join FLexlaw to unlock all legal intelligenceAuthorities Cited
- Moore v. State, 245 So. 2d 880 (Fla. 2d DCA 1971)
- Miller v. State, 305 So. 2d 826 (Fla. 4th DCA 1975)