FREDRICK BERNARD ALVIS, APPELLANT,
v.
THE STATE OF FLORIDA, APPELLEE
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PER CURIAM.
The defendant appeals from two separate judgments and sentences for direct criminal contempt based on his use of obscene language in open court. While the evidence justifies findings that in each instance, Alvis was indeed criminally contemptuous, see R.C. v. State, 648 So. 2d 1258 (Fla. 3d DCA 1995), review denied, 659 So. 2d 1088 (Fla.1995), citing Best v. State, 648 So. 2d 734 (Fla. 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 Martin v. State, 711 So. 2d 1173 (Fla. 4th DCA 1998).
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M.L. v. State, 819 So. 2d 240 (Fla. 2d DCA 2002)…la. 4th DCA 2001). “The provisions of rule 3.830 define the essence of due process in criminal contempt proceedings and must be scrupulously followed.” Id. (citing Peters v. State, 626 So. 2d 1048, 1050 (Fla. 4th DCA 1993)); see also Alvis v. State, 764 So. 2d 859, 860 (Fla. 3d DCA 2000). The same is true of rule 8.150. See S.T. v. State, 629 So. 2d 316, 317 (Fla. 1st DCA 1993). In the instant case, the record shows without equivocation that M.L., after being placed on notice of the accusation of perjury, was…
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Carrazana v. State, 816 So. 2d 804 (Fla. 3d DCA 2002)…required by Florida Rule of Criminal Procedure 3.830. Accordingly, the convictions and sentences are vacated and the cause is remanded for the trial court, if it wishes, to conduct further proceedings in accordance with the rule. See Alvis v. State, 764 So. 2d 859 (Fla. 3d DCA 2000).…
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Rudolph v. State, 832 So. 2d 826 (Fla. 3d DCA 2002)…wer for those violations at the conclusion of the case. A trial court’s decision to sanction an attorney for trial misconduct is reviewed under an abuse of discretion standard. See Michaels v. State, 773 So. 2d 1230 (Fla. 3d DCA 2000); AMs v. State, 764 So. 2d 859, 860 (Fla. 3d DCA 2000); Carnival Corp. v. Beverly, 744 So. 2d 489(Fla. 1st DCA 1999); see also Fla. R.Crim. P. 3.830.4 Having thoroughly reviewed the transcript, we conclude that the trial judge did not abuse his discretion. While it is perfectly…
Previewing 3 of 4 citing cases — full citator treatment, depth of discussion, and citing context are member features.
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- Martinez v. State, 339 So. 2d 1133 (Fla. 2d DCA 1976)
- Cook v. State, 636 So. 2d 895 (Fla. 3d DCA 1994)
- Martin v. State, 711 So. 2d 1173 (Fla. 4th DCA 1998)
- R.C. v. State, 648 So. 2d 1258 (Fla. 3d DCA 1995)
- R. R. C. v. State, 346 So. 2d 68 (Fla. 1977)
- THE Florida BAR v. Gino Negretti, 346 So. 2d 68 (Fla. 1977)
- Poitier v. Spears, 750 So. 2d 767 (Fla. 3d DCA 2000)
- Jenkins v. State, 750 So. 2d 767 (Fla. 1st DCA 2000)