STEVE MATHIS, APPELLANT,
v.
STATE OF FLORIDA, APPELLEE
STEVE MATHIS, APPELLANT,
STATE OF FLORIDA, APPELLEE
317 So. 2d 778
Florida District Court of Appeal, Second District (1975)
Positive Treatment
Cited by 2 cases
Opinion of the Court
GRIMES, Judge.
While admitting that he told the undercover agents that the tablets he was offering were LSD, appellant claimed at his trial that they were really birth control pills. The state chemist said it was LSD and the jury agreed. Appellant’s conviction and five-year sentence for illegal delivery of LSD is affirmed.
However, the adjudication and six-month sentence for direct criminal contempt must be set aside because the judge failed to follow the procedure prescribed by Rule 3.830, RCrP. Speller v. State, Fla.App.2d, 1974, 305 So. 2d 231. Nothing herein shall preclude further proceedings on the charge of contempt.
Affirmed in part; reversed in part.
BOARDMAN, Acting C. J., and SCHEB, J., concur.
Cases With Similar Vibessemantic neighbors from the corpus
Citator
Cited By
-
Garber v. State, 335 So. 2d 609 (Fla. 2d DCA 1976)…of contempt. The rule also requires the defendant be given the opportunity to present evidence of excusing or mitigating circumstances. We have held on several occasions that compliance with this rule is mandatory. Mathis v. State, Fla.App.2d 1975, 317 So. 2d 778; Speller v. State, Fla.App.2d 1974, 305 So. 2d 231. Accordingly, the judgment and sentence of the trial court is REVERSED. HOBSON, Acting C. J., and GRIMES and SCHEB, JJ., concur.…
Authorities Cited
- Speller v. State, 305 So. 2d 231 (Fla. 2d DCA 1974)