LORENZA JACKSON, APPELLANT,
v.
STATE OF FLORIDA, APPELLEE
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SALCINES, Judge.
Lorenza Jackson appeals the judgment finding him to be in direct criminal contempt and sentencing him to five months and twenty nine days’ incarceration. Jackson’s contemptuous behavior occurred in the presence of the trial court, frustrated an ongoing proceeding, and is apparent on the face of the record. Thus, we affirm the trial court’s finding of direct criminal contempt. See McGlamory v. State, 723 So. 2d 388 (Fla. 2d DCA 1999). However, the judgment itself did not contain a recital of the facts upon which the adjudication was based as required by Florida Rule of Criminal Procedure 3.880. In the context of this rule, the recitation requirement is mandatory rather than discretionary. See Gidden v. State, 613 So. 2d 457 (Fla.1993). Thus, we remand this matter for the entry of a judgment which complies with rule 3.830.
Affirmed and remanded with instructions.
PARKER, A.C.J., and WHATLEY, J., Concur.
Cases With Similar Vibessemantic neighbors from the corpus
Citator
Cited By
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Stahl v. State, 906 So. 2d 354 (Fla. 2d DCA 2005)…ement of Florida Rule of Criminal Procedure 3.830 that the written judgment contains a recital of the factors upon which the adjudication was based. Accordingly, we remand for entry of a judgment which complies with rule 3.830. See Jackson v. State, 779 So. 2d 379 (Fla. 2d DCA 2000). Finally, we find no merit in Stahl’s argument that he was denied his right to counsel. Direct criminal contempt allows for summary punishment and does not require the “full panoply of due process rights” afforded an individual…
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Hall v. State (Fla. 2d DCA 2021)
Authorities Cited
- Gidden v. State, 613 So. 2d 457 (Fla. 1993)
- McGLAMORY v. State, 723 So. 2d 388 (Fla. 2d DCA 1999)