MICHAEL BAUDER, APPELLANT,
v.
THE STATE OF FLORIDA, APPELLEES
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Michael Bauder appeals his conviction and sentence for direct criminal contempt. The Florida Third District Court of Appeal reversed the adjudication because the trial court failed to comply with Florida Rule of Criminal Procedure 3.830, which requires providing the accused an opportunity to present evidence in mitigation prior to sentencing.
The trial court's contempt adjudication and sentence must be reversed because the court failed to comply with Rule 3.830, which requires that the accused be informed of charges, permitted to show good cause why he should not be held in contempt, and given an opportunity to offer mitigation evidence prior to sentencing.
[1] A trial court must inform an accused of the charges against him, permit him to provide good cause why he should not be held in contempt, and give him an opportunity to of…
[2] Strict adherence to Florida Rule of Criminal Procedure 3.830 is required for due process when adjudicating direct criminal contempt.
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Join FLexlaw to unlock all legal intelligence“prior to a finding of contempt or the imposition of a sentence, the accused must be informed of the charges against him, be permitted to provide good cause why he should not be held in contempt of court, and be given an opportunity to offer any mitigation of his conduct”
Establishes the mandatory procedural requirements of Rule 3.830 that the trial court failed to follow
Previewing 1 of 3 key quotes on this case — the court’s exact language, pinpointed for members.
Join FLexlaw to unlock all legal intelligenceOn September 19, 2003, Bauder appeared before the trial court regarding a rule to show cause against the Florida Parole Commission. During proceedings…
The full statement of facts, procedural history, and disposition for this case are member content.
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PER CURIAM.
Michael Bauder appeals a conviction and sentence for contempt of court. We reverse the adjudication of contempt because the trial court failed to provide Bauder an opportunity to present evidence in mitigation prior to sentencing.
Based on the incomplete record before us, it appears that on September 19, 2003, Bauder was in front of the trial court for a rule to show cause that had been issued against the Florida Parole Commission. Alexandria Walters appeared for the Com mission and the rule was discharged. There was a discussion as to certain petitions and writs filed by Bauder, none of which have been provided to us. There was a lengthy discussion as to the prior proceedings, whereupon the court apparently found that Bauder’s petition was successive. At that point, Walters informed the court that there was an outstanding warrant for Bauder’s arrest and was told to sit down. During the ensuing discussion, Bauder simply walked out and had to be stopped by the judge’s bailiff as he was entering his car across the street from the courthouse.
Florida Rule of Criminal Procedure 3.830 allows for a finding of direct criminal contempt when the court sees or hears the conduct constituting the contempt. Pursuant to the rule, however, prior to a finding of contempt or the imposition of a sentence, the accused must be informed of the charges against him, be permitted to provide good cause why he should not be held in contempt of court, and be given an opportunity to offer any mitigation of his conduct. As the trial court summarily found Mr. Bauder in direct criminal contempt and sentenced him without complying with the rule, the judgment and sentence must be reversed.1 See Gopman v. Washington Mut. Bank, F.A., 885 So. 2d 1037, 1038 (Fla. 4th DCA 2004); Kendrick v. Kendrick, 876 So. 2d 730 (Fla. 1st DCA 2004); Patz v. State, 691 So. 2d 66, 67 (Fla. 3d DCA 1997)(stating that “[t]he case law in this area is very clear that strict adherence to the rule is absolutely imperative. ‘Scrupulous compliance with Rule 3.830 is required because its provisions constitute the essence of due process.’ ”), quoting from Peters v. State, 626 So. 2d 1048, 1050 (Fla. 4th DCA 1993).
Reversed and remanded with directions to vacate the contempt adjudication.
. After obtaining numerous extensions of time to file an Answer Brief, the state claims that the issue is moot because Bauder has already served his sentence. We reject this argument because the conviction still impacts on Bau-der’s credit for time served and on his criminal record.
Cases With Similar Vibessemantic neighbors from the corpus
Citator
Cited By
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Wiggs v. State, 981 So. 2d 576 (Fla. 5th DCA 2008)…f the trial judge, the direct criminal contempt proceeding is appropriate. However, strict adherence to the procedural requirements of Rule 3.830 is absolutely imperative because its provisions constitute the essence of due process. Bauder v. State, 923 So. 2d 1223 (Fla. 3d DCA 2006), quoting from Peters v. State, 626 So. 2d 1048, 1050 (Fla. 4th DCA 1993). Furthermore, any failure to follow the procedural requirements in contempt proceedings under this rule is fundamental error and an objection in the trial co…
Authorities Cited
- Colondro Peters v. State, 626 So. 2d 1048 (Fla. 4th DCA 1993)
- Patz v. State, 691 So. 2d 66 (Fla. 3d DCA 1997)
- Pujol v. Florida Unemployment Appeals, 876 So. 2d 730 (Fla. 3d DCA 2004)
- Simmons v. State, 885 So. 2d 1037 (Fla. 5th DCA 2004)
- Miles J. Gopman v. Wash. Mut. Bank, 885 So. 2d 1037 (Fla. 4th DCA 2004)