MICHAEL SPEAR, APPELLANT,
v.
STATE OF FLORIDA, APPELLEE.

Fla. 5th DCA | 2018-06-01
No. Case No. 5D17–1714
244 So. 3d 421 Florida District Court of Appeal, Fifth District (2018) Positive Treatment
Cited by 2 cases


Opinion of the Court
PER CURIAM.

PER CURIAM.

Appellant's failure to appear for a scheduled sentencing hearing resulted in the imposition of a substantial prison sentence pursuant to Quarterman v. State , 527 So.2d 1380 (Fla. 1988). The trial court also adjudicated Appellant guilty of indirect criminal contempt for his failure to appear. We reverse the sentences imposed in case numbers 2016-CF-039801 and 2016-CF-047845, and remand for an evidentiary hearing and factual determination as to whether Appellant's failure to comply with the Quarterman agreement was willful. We also reverse the conviction and sentence for indirect criminal contempt because the trial court did not afford procedural due process. See Garrett v. State , 876 So.2d 24, 25 (Fla. 1st DCA 2004) (merely asking defendant if he wished to explain behavior was insufficient; rather, court must inform defendant that he can present mitigating circumstances and give "a separate and distinct opportunity" for him to do so).

On remand, Appellant shall be afforded a new sentencing hearing and a new hearing on the contempt charge.

REVERSED AND REMANDED.

TORPY, WALLIS and LAMBERT, JJ., concur.


Cases With Similar Vibessemantic neighbors from the corpus


Citator

Cited By

Authorities Cited

Full citator, related cases, and AI research tools

Open in FLexlaw