ROBERT EARL ROYSTER, APPELLANT,
v.
STATE OF FLORIDA, APPELLEE
ROBERT EARL ROYSTER, APPELLANT,
STATE OF FLORIDA, APPELLEE
668 So. 2d 346
Florida District Court of Appeal, First District (1996)
Positive Treatment
Cited by 4 cases
Opinion of the Court
PER CURIAM.
Appellant seeks reversal of an order of direct criminal contempt. Because the lower court failed to inquire as to whether appellant had any cause to show why he should not be adjudicated guilty of contempt and failed to give appellant an opportunity to present excusing or mitigating evidence, as required by Florida Rules of Criminal Procedure 3.830, the judgment of direct criminal contempt must be REVERSED. Clark v. State, 625 So. 2d 68, 69 (Fla. 1st DCA 1993). Our reversal is without prejudice to the institution of proper contempt proceedings.
JOANOS, BENTON and VAN NORTWICK, JJ., concur.
Cases With Similar Vibessemantic neighbors from the corpus
Citator
Cited By
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Marshall v. State, 764 So. 2d 908 (Fla. 1st DCA 2000)…ated guilty of contempt and failed to give appellant an opportunity to present excusing or mitigating evidence, as required by Florida Rule of Criminal Procedure 3.830, the judgment of direct criminal contempt must be reversed. See Royster v. State, 668 So. 2d 346, 346 (Fla. 1st DCA 1996); Clark v. State, 625 So. 2d 68, 69 (Fla. 1st DCA 1993); O’Neal v. State, 501 So. 2d 98, 100 (Fla. 1st DCA 1987). Our reversal is “without prejudice to the institution of proper contempt proceedings.” Royster, 668 So. 2d at 3…
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Johnson v. State, 906 So. 2d 361 (Fla. 5th DCA 2005)…ohnson himself was given no real opportunity “to present evidence of excusing or mitigating circumstances.” See Rhoads v. State, 817 So. 2d 1089, 1092 (Fla. 2nd DCA 2002); Sanjurjo v. State, 677 So. 2d 965, 966 (Fla. 3rd DCA 1996); Royster v. State, 668 So. 2d 346, 346 (Fla. 1st DCA 1996). The granting of the petition is “without prejudice to the institution of proper contempt proceedings.” Garrett v. State, 876 So. 2d 24, 26 (Fla. 1st DCA 2004); Telfair v. State, 903 So. 2d 257 (Fla. 1st DCA 2005); see Hagan…
Authorities Cited
- A.C. Clark v. State, 625 So. 2d 68 (Fla. 1st DCA 1993)