GREGORY PRYOR, PETITIONER,
v.
RICHARD P. WILLE, AS SHERIFF OF PALM BEACH COUNTY, RESPONDENT
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PER CURIAM.
We grant this petition for writ of habeas corpus and quash the contempt order against Petitioner. The contempt in this ease is properly classified as indirect criminal contempt. Florida Rule of Criminal Procedure 3.840 provides the procedural requirements for indirect criminal contempt proceedings. The record demonstrates that the trial court failed to comply with the provisions of rule 3.840, in that it did not issue an order to show cause, did not conduct an arraignment on request of Petitioner, and did not enter a judgment reciting the facts forming the basis for the contempt. Additionally, the sentencing was not conducted in compliance with subsection (g) of the rule, allowing the defendant to show cause why sentence should not be pronounced and allowing evidence of mitigating circumstances.
Petitioner is to be released from custody upon the posting of a reasonable bond or on other conditions as may be imposed by the trial court. See Glinton v. Wille, 457 So. 2d 563 (Fla. 4th DCA 1984). See also Walker v. State, 559 So. 2d 1164 (Fla. 4th DCA 1990); Benarroch v. Crawford, 516 So. 2d 28 (Fla. 3d DCA 1987).
. GUNTHER, STONE and STEVENSON, JJ., concur.
Cases With Similar Vibessemantic neighbors from the corpus
Citator
Cited By
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Kersh v. State Farm Fire & Cas. Co., 686 So. 2d 782 (Fla. 3d DCA 1997)…tempt, or a hearing, we quash the order appealed. Fla. R.Crim.P. 3.840; Pugliese v. Pugliese, 347 So. 2d 422, 425 (Fla.1977) (greater procedural [*783] process safeguards are to be imposed for indirect criminal contempt proceedings); Pryor v. Wille, 644 So. 2d 346 (Fla. 4th DCA 1994) (order for indirect criminal contempt quashed when trial court failed to comply with rule 3.840); Russ v. State, 622 So. 2d 501 (Fla. 5th DCA 1993) (order finding defendant guilty of indirect criminal contempt reversed because th…
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W.C. v. Smith, 898 So. 2d 1137 (Fla. 1st DCA 2005)…minal penalties); Kersh v. State Fam Fire & Cas. Co., 686 So. 2d 782 (Fla. 3d DCA 1997) (finding that defendant must be afforded notice of the charge, the specifics as to what conduct constituted the alleged contempt, and a hearing); Pryor v. Wille, 644 So. 2d 346 (Fla. 4th DCA 1994) (quashing an order for indirect criminal contempt when the trial court failed to comply with the procedural rule); Benarroch v. Crawford, 516 So. 2d 28, 29 (Fla. 3d DCA 1987) (holding that the defendant was denied due process bec…
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J.M.P.U. v. The State of Fla. & Dep't of Child. & Fam. Servs., 858 So. 2d 389 (Fla. 3d DCA 2003)…to due process protections); Kersh v. State Farm, Fire & Cas. Co., 686 So. 2d 782 (Fla. 3d DCA 1997) (defendant must be afforded notice of the charge, the specifics as to what conduct constituted the alleged contempt, and a hearing); Pryor v. Wille, 644 So. 2d 346 (Fla. 4th DCA 1994) (order for indirect criminal contempt quashed when trial court failed to comply with rule 3.840); Benarroch v. Crawford, 516 So. 2d 28, 29 (Fla. 3d DCA 1987) (“[T]he petitioner was denied procedural due process in this case becau…
Authorities Cited
- Walker v. State, 559 So. 2d 1164 (Fla. 4th DCA 1990)
- Glinton v. Wille, 457 So. 2d 563 (Fla. 4th DCA 1984)
- Objective Mktg. Action, Ltd. v. Hills, 516 So. 2d 28 (Fla. 3d DCA 1987)
- Rodriguez v. Se. Bank, N.A., 516 So. 2d 28 (Fla. 4th DCA 1987)