BOBBY L. MAGWOOD, APPELLANT,

v.

STATE OF FLORIDA, APPELLEE

Citator

Cited By

• Ensign v. State, 67 So. 3d 353 (Fla. 2d DCA 2011)
  …rt gave Ensign an opportunity to make a statement regarding whether he prevented his stepdaughter from attending school, the trial court failed to give him an opportunity to present mitigating evidence in regard to his sentence. See Gooden v. State, 931 So. 2d 146, 147 (Fla. 1st DCA 2006); Mendana v. Mendana, 911 So. 2d 130, 135 (Fla. 3d DCA 2005). Rule 3.840(f) also requires a judgment of guilty to include “a recital of the facts constituting the contempt of which the defendant has been found and adjudicate…
• Petty v. State, 263 So. 3d 307 (Fla. 1st DCA 2019)
  …t be pronounced “in open court and in 2 the presence of the defendant.” Fla. R. Crim. P. 3.840(g). The trial court did not comply with these requirements, and the failure to comply with rule 3.840(g) is fundamental error. Gooden v. State, 931 So. 2d 146 (Fla. 1st DCA 2006); see also Ensign v. State, 67 So. 3d 353 (Fla. 2d DCA 2011). The order finding Appellant in willful contempt of court is affirmed, but the sentence imposed is reversed pursuant to Gooden. This cause is remanded for resenten…

Authorities Cited

• Turner v. State, 557 So. 2d 939 (Fla. 5th DCA 1990)