ALEX DELTORO, APPELLANT,
v.
THE STATE OF FLORIDA, APPELLEE
ALEX DELTORO, APPELLANT,
THE STATE OF FLORIDA, APPELLEE
534 So. 2d 917
Florida District Court of Appeal, Third District (1988)
Positive Treatment
Cited by 2 cases
Opinion of the Court
PER CURIAM.
The State concedes, properly, that the holdings in Guzman v. State, 489 So. 2d 871 (Fla. 3d DCA 1986), and Lopez v. State, 423 So. 2d 998 (Fla. 3d DCA 1982), control this appeal. A trial judge may not summarily adjudicate a defendant guilty of direct criminal contempt when the alleged contemptuous conduct took place, not in his presence or within his hearing, but in fact took place at an earlier time and before a different trial judge.
REVERSED AND REMANDED.
Cases With Similar Vibessemantic neighbors from the corpus
Citator
Cited By
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E.T. v. State, 587 So. 2d 615 (Fla. 1st DCA 1991)…ke on March 5. It is well established that summary adjudication for direct contempt is not permitted where the alleged conduct took place, not in the presence of the judge, but at an earlier time and before a different trial judge. Deltoro v. State, 534 So. 2d 917 (Fla. 3d DCA 1988); Guzman v. State, 489 So. 2d 871 (Fla. 3d DCA 1986); Lopez v. State, 423 So. 2d 998 (Fla. 3d DCA 1982).1 Although Judge Brooke correctly defined the alleged contempt as indirect, the record makes clear that appellant was given no…
Authorities Cited
- Lopez v. State, 423 So. 2d 998 (Fla. 3d DCA 1982)
- Guzman v. State, 489 So. 2d 871 (Fla. 3d DCA 1986)
- Meic v. Clark, 489 So. 2d 871 (Fla. 3d DCA 1986)