LARRY E. ALEXANDER, APPELLANT,
v.
STATE OF FLORIDA, APPELLEE
LARRY E. ALEXANDER, APPELLANT,
STATE OF FLORIDA, APPELLEE
576 So. 2d 350
Florida District Court of Appeal, Fifth District (1991)
Positive Treatment
Cited by 4 cases
Opinion of the Court
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 which the defendant has been found and adjudicated guilty. This serves to “advise the accused and to permit meaningful appellate review.” White v. Buck, 505 So. 2d at 37.
The judgment and sentence are set aside and this cause remanded for entry of a proper judgment.
VACATED and REMANDED.
COBB and PETERSON, JJ., concur.
Cases With Similar Vibessemantic neighbors from the corpus
Citator
Cited By
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Gidden v. State, 593 So. 2d 294 (Fla. 5th DCA 1992)…inal contempt. We affirm both convictions, finding that 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 includ…
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Hogg v. State, 585 So. 2d 1192 (Fla. 1st DCA 1991)…). Accordingly, the judgment and sentence must be reversed and the cause remanded for entry of a corrected judgment and sentence. See Davis v. State, 261 So. 2d 188 (Fla. 1st DCA), cert. denied, 265 So. 2d 51 (Fla.1972); see also Alexander v. State, 576 So. 2d 350 (Fla. 5th DCA 1991); Folsom v. Folsom, 509 So. 2d 1330 (Fla. 2d DCA 1987); and White v. Buck, 505 So. 2d 36 (Fla. 5th DCA 1987). REVERSED and REMANDED for proceedings consistent with this opinion. WIGGINTON and KAHN, JJ., concur. . The judgme…
Authorities Cited
- White v. Buck, 505 So. 2d 36 (Fla. 5th DCA 1987)