SALVATORE J. RICCI, APPELLANT,
v.
STATE OF FLORIDA, APPELLEE
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The court held that multiple punishments for a single outburst of contempt are not justified. The initial contempt finding and sentence are affirmed, but subsequent ones arising from the same outburst are reversed.
[1] A single outburst of contemptuous conduct, interrupted only by the court's interjection to declare contempt, may not be punished as multiple separate acts of contempt.
[2] A remark made while court is in session, even if mumbled to oneself, can constitute direct criminal contempt if it is heard by the court.
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Join FLexlaw to unlock all legal intelligenceSalvatore Ricci was found guilty of three counts of direct criminal contempt during a hearing. He made obscene remarks to the judge after an unfavorab…
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PER CURIAM.
Salvatore Ricci appeals an order of the circuit court adjudging him guilty of three separate incidents of direct criminal contempt. We affirm in part and reverse in part.
Ricci was cited for contempt during the course of a hearing on his motion to disqualify the trial judge from further involvement with Ricci’s pending criminal charges. Having failed to prevail, Ricci directed an obscene comment to the judge. The latter responded, “Okay, Mr. Ricci, I believe you are in direct contempt of court.” This observation was met with a second and equally profane remark, whereupon the judge addressed defense counsel: “All right, Mr. Watts, I believe there should be no reason to show cause why he should not be sentenced to two direct con-tempts of court.” Defense counsel suggested none, and the court promptly imposed consecutive six-month sentences. Immediately thereafter the bailiff related that Ricci “just threatened to kick your ass.” Although trial counsel argued that this last remark was “mumbled to himself” and so was not “on the record,” the judge appears to have accepted the prosecutor’s suggestion that “[i]t is direct criminal contempt if it is made while court is in session,” and imposed a third, consecutive six-month sentence.
We agree with Ricci that multiple punishments are not justified in light of our prior decisions in B.M. v. State, 523 So. 2d 1185 (Fla. 2d DCA 1988), and Butler v. State, 330 So. 2d 244 (Fla. 2d DCA 1976). Basically Ricci, in indicating his displeasure with the trial court’s ruling, engaged in “a single outburst ... that was interrupted only by the court interjecting itself long enough to inform [him] that he had committed yet another act of contempt.” 523 So. 2d at 1186. We therefore remand this case to the trial court with directions to vacate the second and third adjudications of contempt and the sentences imposed therefor. The initial finding of contempt and six-month sentence are affirmed.
Affirmed in part, reversed in part, and remanded with instructions.
CAMPBELL, C.J., and LEHAN and THREADGILL, JJ., concur.
Cases With Similar Vibessemantic neighbors from the corpus
Citator
Cited By
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Compo v. State, 617 So. 2d 362 (Fla. 2d DCA 1993)…s reflects an escalating viciousness and some employ the most vulgar language imaginable. Had comments such as these been uttered before a trial judge, a citation for contempt of court would have been virtually inevitable. See, e.g., Ricci v. State, 549 So. 2d 1186 (Fla. 2d DCA 1989); Butler v. State, 330 So. 2d 244 (Fla. 2d DCA), cert. denied, 429 U.S. 863, 97 S.Ct. 168, 50 L.Ed.2d 142 (1976). Accompanying these filings are ancillary documents, such as Florida Bar complaint forms and letters of inquiry to the…
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Williams v. State, 599 So. 2d 255 (Fla. 1st DCA 1992)…s appropriate when multiple contumacious comments can be viewed as a “single outburst.” See also, Duff v. Southern Bell Telephone & Telegraph Co., 386 So. 2d 253 (Fla. 5th DCA 1980), B.M. v. State, 523 So. 2d 1185 (Fla. 2d DCA 1988), Ricci v. State, 549 So. 2d 1186 (Fla. 2d DCA 1989), and Lundy v. State, 596 So. 2d 1167 (Fla. 4th DCA 1992). A review of the transcript reveals that appellant’s two statements of profanity, which were virtually identical and separated in time only long enough for the trial court t…
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Exum v. State, 558 So. 2d 544 (Fla. 3d DCA 1990)…judgment of contempt and sentence in circuit court case no. 89-2973 is reversed and the cause is remanded to the trial court with directions to discharge the defendant from the cause with respect to the subject contempt citation. See Ricci v. State, 549 So. 2d 1186 (Fla. 2d DCA 1989); B.M. v. State, 523 So. 2d 1185 (Fla. 2d DCA 1988); Butler v. State, 330 So. 2d 244 (Fla. 2d DCA), cert. denied, 429 U.S. 863, 97 S.Ct. 168, 50 L.Ed.2d 142 (1976). The judgment of contempt and sentence in circuit court case no. 89…
Previewing 3 of 4 citing cases — full citator treatment, depth of discussion, and citing context are member features.
Join FLexlaw to unlock all legal intelligenceAuthorities Cited
- Dannie Lee Butler v. State, 330 So. 2d 244 (Fla. 2d DCA 1976)
- B.M. v. State, 523 So. 2d 1185 (Fla. 2d DCA 1988)