JAMES POITIER, PETITIONER,
v.
LOIS SPEARS, DIRECTOR DADE COUNTY DEPARTMENT OF CORRECTIONS, AND THE STATE OF FLORIDA, RESPONDENTS
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PER CURIAM.
The petition for habeas corpus is granted and the petitioner is ordered released from incarceration. Florida Rule of Criminal Procedure 3.830 governs direct criminal contempt proceedings and requires “scrupulous compliance ... because its provisions constitute the essence of due process.” Peters v. State, 626 So. 2d 1048 (Fla. 4th DCA 1993); see Cook v. State, 636 So. 2d 895 (Fla. 3d DCA 1994); Thaxton v. State, 525 So. 2d 1009 (Fla. 3d DCA 1988). Here, the trial court did not enter an order adjudicating the defendant in direct criminal contempt and did not follow the mandatory requirements of the rule. Accordingly, the petitioner’s conviction on the contempt charge must be reversed. See Jackson v. State, 626 So. 2d 1050 (Fla. 3d DCA 1993); Davis v. State, 575 So. 2d 288 (Fla. 3d DCA 1991); Jacobs v. State, 327 So. 2d 896 (Fla. 3d DCA 1976).
Petition for Writ of Habeas Corpus granted.
Cases With Similar Vibessemantic neighbors from the corpus
Citator
Cited By
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Fredrick Bernard Alvis v. State, 764 So. 2d 859 (Fla. 3d DCA 2000)…a. 3d DCA 1994); Martinez v. State, 339 So. 2d 1133 (Fla. 2d DCA 1976), approved, 346 So. 2d 68 (Fla.1977), the record shows that the trial judge did not comply with Florida Rule of Criminal Procedure 3.830 on either occasion. See Poitier v. Spears, 750 So. 2d 767 (Fla. 3d DCA 2000); Cook v. State, 636 So. 2d 895 (Fla. 3d DCA 1994). The convictions and sentences are therefore vacated and the cause is remanded for the trial court, if it wishes, to conduct further proceedings in accordance with the rule. See Ma…
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Hayes v. State, 854 So. 2d 848 (Fla. 3d DCA 2003)…mpt. We do so notwithstanding that the trial court deviated from Rule 3.830, Florida Rules of Criminal Procedure, which rule governs direct criminal contempt proceedings and requires scrupulous compliance with its provisions.1 See Poitier v. Spears, 750 So. 2d 767 (Fla. 3d DCA 2000). The deviation, however, was technical and Hayes was ultimately afforded all the rights incorporated in Rule 3.830.2 As [*849] stated by the First District Court of Appeal in Saunders v. State, 319 So. 2d 118 (Fla. 1st DCA 1975):…
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Said v. State, 948 So. 2d 919 (Fla. 3d DCA 2007)…g). We also reverse the sentence for direct criminal contempt on grounds that the defendant was neither afforded the opportunity to show cause why he should not be adjudged in contempt nor to present mitigating circumstances. See Poitier v. Spears, 750 So. 2d 767 (Fla. 3d DCA 2000); Thaxton v. State, 525 So. 2d 1009 (Fla. 3d DCA 1988). Reversed and remanded with directions. . The detective stated that the defendant provided false leads on interrelated narcotics investigations which were occurring in conjun…
Authorities Cited
- Colondro Peters v. State, 626 So. 2d 1048 (Fla. 4th DCA 1993)
- Cook v. State, 636 So. 2d 895 (Fla. 3d DCA 1994)
- Jacobs v. State, 327 So. 2d 896 (Fla. 3d DCA 1976)
- Bayardo Alejandro Torres v. Torres, 575 So. 2d 288 (Fla. 3d DCA 1991)
- Davis v. State, 575 So. 2d 288 (Fla. 3d DCA 1991)
- Murphy v. Hoenigmann, 525 So. 2d 1009 (Fla. 3d DCA 1988)
- Thaxton v. State, 525 So. 2d 1009 (Fla. 3d DCA 1988)
- Jackson v. State, 626 So. 2d 1050 (Fla. 3d DCA 1993)