JAMIE J. GRAVES, APPELLANT,
v.
STATE OF FLORIDA, APPELLEE
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The Public Defender for the Tenth Judicial Circuit moved to withdraw from representing Jamie J. Graves in an appeal of an indirect criminal contempt conviction, arguing improper designation. The court granted the motion, holding that contempt appeals are not "felony appeals" under Florida law because contempt carries a maximum penalty of twelve months imprisonment, which does not meet the statutory definition of a felony.
The appeal of a contempt conviction does not constitute a "felony appeal" under section 27.51(4) because contempt, although a common law crime, is punishable only by imprisonment not exceeding twelve months, which does not meet the statutory definition of felony requiring punishment by death or imprisonment in a state penitentiary or by a sentence exceeding one year.
[1] An appeal of an order finding a party in indirect criminal contempt is not a "felony appeal" for purposes of designating the Tenth Circuit Public Defender under section 2…
[2] Contempt is a common law crime in Florida, not specifically classified by statute as a felony or misdemeanor.
Previewing 2 of 5 headnotes on this case. FLexlaw’s editorially structured points of law — every proposition, pinpointed — are reserved for members.
Join FLexlaw to unlock all legal intelligence“Contempt is a common law crime in Florida, Kramer v. State, 800 So.2d 319 (Fla. 2d DCA 2001), which, although recognized by statute, is not specifically classified by statute as either a felony or a misdemeanor.”
Establishes that contempt is a crime but lacks specific statutory felony/misdemeanor classification
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Join FLexlaw to unlock all legal intelligenceJamie J. Graves was found in indirect criminal contempt by the trial court. The Tenth Circuit Public Defender was initially designated to handle the a…
The full statement of facts, procedural history, and disposition for this case are member content.
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FULMER, Judge.
The Public Defender for the Tenth Judicial Circuit moves to withdraw, alleging that he was improperly designated to represent Jamie J. Graves. We grant the motion because we conclude that this appeal ,of an order finding Graves in indirect criminal contempt1 is not a “felony appeal” as required by section 27.51(4), Florida Statutes (2001), in order to designate the Tenth Circuit Public Defender.
Section 27.51(4), Florida Statutes (2001), provides that upon transmittal of the record and request of the local public defender, the Public Defender for the Tenth Judicial Circuit shall “handle all felony appeals” in this district. Contempt is a common law crime in Florida, Kramer v. State, 800 So. 2d 319 (Fla. 2d DCA 2001), which, although recognized by statute, is not specifically classified by statute as either a felony or a misdemeanor. See § 38.22, Fla. Stat. (2001).
In order to determine whether contempt is a felony for purposes of section 27.51(4), we turn to the definition of felony:
The term “felony” shall mean any criminal offense that is punishable under the laws of this state, or that would be punishable if committed in this state, by death or imprisonment in a state penitentiary. “State penitentiary” shall include state correctional facilities. A person shall be imprisoned in the state penitentiary for each sentence which, except an extended term, exceeds 1 year. § 775.08, Fla. Stat. (2001).
Contempt is punishable by imprisonment not to exceed twelve months. See § 775.02, Fla. Stat. (providing punishment for offenses that do not have a specific penalty provision); see also Kramer, 800 So. 2d at 321 (noting that there is no specific statutory penalty provision for contempt).
Contempt therefore does not meet the statutory definition of felony, and the Public Defender for the Tenth Judicial Circuit is not required to handle an appeal of a contempt conviction. Graves is nonetheless entitled to appointed counsel. See Moorman v. Bentley, 490 So. 2d 186 (Fla. 2d DCA 1986).
We therefore reappoint trial level counsel, the Public Defender for the Thirteenth Judicial Circuit. The Tenth Circuit Public Defender shall forward the appellate record, within ten days, to the Thirteenth Circuit Public Defender who shall file the initial brief within forty-five days thereafter. WHATLEY and NORTHCUTT, JJ., concur. . Counsel for Graves incorrectly states that this is an appeal of a judgment and sentence for violation of injunction under section 741.31, Florida Statutes (2001).
According to the record before this court, the appellant was not charged pursuant to section 741.31 but rather was proceeded against under the trial court's contempt power.
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- Moorman v. The Honorable E. Randolph Bentley, 490 So. 2d 186 (Fla. 2d DCA 1986)
- Kramer v. State, 800 So. 2d 319 (Fla. 2d DCA 2001)