RICHARD MONTOYA, APPELLANT, V. THE STATE OF FLORIDA, APPELLEE
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A judgment for criminal contempt is invalid and requires reversal if it does not include a recital of the facts upon which the contempt is based, as required by Rule 3.830, Fla. R.Crim. P.
Appellant was convicted and sentenced for direct criminal contempt of court. The judgment stated appellant was held in contempt for 'disrespecting the…
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PER CURIAM.
Appellant appeals his conviction and sentence for direct criminal contempt of court. We reverse where the judgment merely provides that appellant was held in contempt for “disrespecting the court” and does not contain a recital of those facts upon which the contempt is based pursuant to Rule 3.830, Fla. R.Crim. P.1 A contempt judgment which does not contain a recital of those facts upon which it is based is invalid and requires reversal. See Morris v. State, 667 So. 2d 982, 987 (Fla. 4th DCA), rev. dismissed, 673 So. 2d 29 (Fla.1996); Cook v. State, 636 So. 2d 895, 896 (Fla. 3d DCA 1994); Johnson v. State, 584 So. 2d 95, 96 (Fla. 1st DCA 1991).
Accordingly, we remand for the trial court to enter its judgment pursuant to Rule 3.830. In light of this, we do not reach the merits of the contempt charge at this time.
Reversed and remanded with instructions.
. Rule 3.830 provides that:
A criminal contempt may be punished summarily if the court saw or heard the conduct constituting the contempt committed in the actual presence of the court. The judgment of guilt of contempt shall include a recital of those facts on which the adjudication of guilt is based, (emphasis added).
Cases With Similar Vibessemantic neighbors from the corpus
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J.A.H. v. State of Fla. & Dep't of Child. & Families, 20 So. 3d 425 (Fla. 1st DCA 2009)…DCA 1994) (finding the trial court’s contempt order was insufficient on its face and a violation of rule 3.830 in that it only recited that the appellant, when asked to show cause why he should not be held in contempt, stood mute); Montoya v. State, 695 So. 2d 873, 874 (Fla. 3d DCA 1997) (reversing a contempt judgment for “disrespecting the court” because it did not contain a recital of those facts upon which the contempt was based pursuant to rule 3.830). A recital of facts was particularly important in the…
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Doyle Williams v. State, 698 So. 2d 1350 (Fla. 1st DCA 1997)…of contempt should be exercised with care and circumspection. See also Clark v. State, 625 So. 2d 68 (Fla. 1st DCA 1993). The Third and Fourth Districts have also followed our decision in Johnson and issued consistent holdings. See Montoya v. State, 695 So. 2d 873 (Fla. 3d DCA 1997); Cook v. State, 636 So. 2d 895 (Fla. 3d DCA 1994); Schenck v. State, 645 So. 2d 71 (Fla. 4th DCA 1994). Therefore, we hold the trial court’s omission from its written order of the factual basis for its judgment in the instant case…
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Guardado v. Guardado, 813 So. 2d 236 (Fla. 5th DCA 2002)…e exercised with care and circumspection. Williams v. State, 698 So. 2d 1350, 1351 (Fla. 1st DCA 1997). In the instant case, we quash the orders of contempt because they do not set forth the facts upon which they are based. Compare Montoya v. State, 695 So. 2d 873 (Fla. 3d DCA 1997). ORDERS OF CONTEMPT QUASHED. PETERSON and PLEUS, JJ., concur.…
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Join FLexlaw to unlock all legal intelligenceAuthorities Cited
- Cook v. State, 636 So. 2d 895 (Fla. 3d DCA 1994)
- Johnson v. State, 584 So. 2d 95 (Fla. 1st DCA 1991)
- Morris v. State, 667 So. 2d 982 (Fla. 4th DCA 1996)