BERNARD BERMAN, APPELLANT,
v.
THE STATE OF FLORIDA, APPELLEE
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This is an appeal from a judgment and sentence entered by the trial court for a charged direct criminal contempt. The judgment and sentence must be reversed upon the authority of Moore v. State, Fla.App.1971, 24S So.2d 880. The state attempts to argue that there was a substantial compliance with rule 1.830, Fla. Rules of Criminal Procedure, 33 F.S.A., but the record reveals: (1) a failure to recite in the judgment those facts upon which the adjudication of guilt is based, (2) a failure to inform the defendant prior to adjudication *145of the accusation against him, (3) a failure to inquire as to whether the defendant had any cause to show why he should not be adjudged guilty, (4) a failure to give the defendant an opportunity to present evidence of excusing or mitigating circumstances.
Reversed.
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McDONALD v. State, 321 So. 2d 453 (Fla. 4th DCA 1975)…g summarily with appellant’s improper refusal to testify- However, the court acted improperly in failing to follow the requirements set forth in Rule 3.830, RCrP.1 [*458] Manning v. State, Fla.App.1970, 234 So. 2d 16; Berman v. State, Fla.App.1971, 253 So. 2d 144; Speller v. State, Fla.App.1974, 305 So. 2d 231; Krathen v. State, Fla.App.1975, 310 So. 2d 381; cf. Miller v. State, Fla.App.1975, 305 So. 2d 826. Moreover, we hold that the trial court erred in finding appellant guilty of fifteen contempts rather…
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Speller v. State, 305 So. 2d 231 (Fla. 2d DCA 1974)…nce “at hard labor.” Affirmed in part, reversed in part. HOBSON, J., and LEE, J. CAIL, Associate Judge, concur. . Baggett v. Wainwright (Fla.1969), 229 So. 2d 239. . (Fla.App.2d, 1970), 234 So. 2d 16. See also Berman v. State (Fla.App.3d, 1971), 253 So. 2d 144. . 391 U.S. 194, 88 S.Ct. 1477, 20 L.Ed.2d 522 (1968). . (Fla.1973), 284 So. 2d 673. .Repealed by ch. 70-339, § 180, Laws of Fla. 1970.…
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O'Neal v. State, 501 So. 2d 98 (Fla. 1st DCA 1987)…65 (Fla. 5th DCA 1981); see also Stavely v. State, 473 So. 2d 748, 751 (Fla. 1st DCA 1985). In sum, the trial court’s failure to comply with Rule 3.830’s procedural directives mandates that O’Neal’s judgment of contempt be reversed. Berman v. State, 253 So. 2d 144 (Fla. 3d DCA 1971); Krathen v. State, 310 So. 2d 381 (Fla. 4th DCA 1975). MILLS, J., concurs. JOANOS, J., dissents with written opinion.…
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