DANNIE LEE BUTLER, APPELLANT,
v.
STATE OF FLORIDA, APPELLEE
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Dannie Lee Butler appealed a probation revocation and six consecutive contempt convictions. The court affirmed the probation revocation but found that Butler's outburst constituted only one act of contempt, not six, and vacated five of the six contempt convictions and sentences.
The court affirmed the probation revocation and the single contempt conviction and sentence, but vacated five of the six contempt judgments and sentences because Butler's conduct constituted only one act of contempt, not six. Direct contempt convictions with sentences of six months or less do not require jury trials when the defendant is adequately informed and given an opportunity to be heard.
[1] A defendant's acquittal of a criminal charge does not preclude the revocation of probation based on conduct related to that charge.
[2] A single outburst of contemptuous behavior, even if interrupted by the court, may constitute only one act of contempt.
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Join FLexlaw to unlock all legal intelligence“The six "con-tempts" were not individual acts but were a single outburst by the appellant that was interrupted only by the court interjecting itself long enough to inform the appellant that he had committed yet another act of contempt.”
The critical finding that Butler's conduct constituted only one act of contempt, supporting the reversal of five convictions.
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Join FLexlaw to unlock all legal intelligenceButler was placed on probation after pleading guilty to breaking and entering with intent to commit a misdemeanor. He was later acquitted of rape char…
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HOBSON, Judge.
Appellant was placed on probation after pleading guilty to breaking and entering with intent to commit a misdemeanor. Later he was tried and acquitted for rape. He was then charged with probation violations arising from the same incident. A probation revocation hearing was held and testimony was taken as to the violation. Appellant denied the allegations. The court revoked probation and sentenced appellant to five years imprisonment.
At this point appellant accused the court of railroading him, and called the judge an obscene name. When asked why he should not be held in contempt, appellant continued to vilify the court and suggested the court charge him with a second contempt. The court accepted his suggestion. Appellant continued his outburst, expanding his original description of the judge and offering to assault the judge if his handcuffs were removed. By the time appellant ceased his performance he had accumulated six counts of contempt. He was summarily convicted of six separate acts of contempt of court and sentenced to six months imprisonment for each offense. The sentences were to run consecutively for a total of 36 months.
Appellant contends it was improper to revoke his probation after his acquittal on the rape charge since the violations for which he was charged were related to that crime. The point is without merit. Russ v. State, Fla.1975, 313 So. 2d 758.
Appellant also challenges the propriety of the trial judge, who was personally reviled, failing to disqualify himself from the contempt proceedings and of the failure of the trial judge to give appellant the opportunity for a jury trial. We do not reach the constitutional questions raised since an examination of the trial transcript reveals that appellant was guilty of but a single contempt. The six “con-tempts” were not individual acts but were a single outburst by the appellant that was interrupted only by the court interjecting itself long enough to inform the appellant that he had committed yet another act of contempt. While the outrageous conduct of the appellant cannot be allowed to go unpunished, it was error to convict him of six separate acts of contempt. Accordingly, we vacate five of the judgments and convictions for contempt. Summary judgment of direct contempt is permissible without a jury trial where a sentence of no more than six months is imposed. Codispoti v. Pennsylvania, 1974, 418 U.S. 506, 94 S.Ct. 2687, 41 L.Ed.2d 912; Mayberry v. Pennsylvania, 1971, 400 U.S. 455, 91 S.Ct. 499, 27 L.Ed.2d 532. Appellant was adequately informed of the charge and given an opportunity to be heard. This was in substantial compliance with RCrP 3.830. See Saunders v. State, Fla.App. 1 St. 1975, 319 So. 2d 118.
Accordingly, we affirm the revocation of probation, the judgment and sentence on the first contempt, and vacate the last five judgments and sentences of contempt.
McNULTY, C. J., and GRIMES, J., concur.
Cases With Similar Vibessemantic neighbors from the corpus
Citator
Cited By (13 total)
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Martinez v. State, 339 So. 2d 1133 (Fla. 2d DCA 1976)…. Barr v. State, 334 So. 2d 636 (Fla.2d DCA1976). On the other hand, we have also specifically rejected the contention that a defendant was entitled to a jury trial in contempt proceedings in which he received a six month sentence. Butler v. State, 330 So. 2d 244 (Fla.2d DCA1976). Likewise, there are statements in at least three other cases which seem to sanction a sentence of up to six months for contempt without a jury trial. Jacobs v. State, 327 So. 2d 896 (Fla.3d DCA1976); Speller v. State, 305 So. 2d 23…
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B.M. v. State, 523 So. 2d 1185 (Fla. 2d DCA 1988)…ult in the procedure that led to B.M.’s punishment, it is our view that the judge erroneously adjudicated him guilty of three separate instances of contumacious behavior. The events evolved in a manner strikingly similar to those in Butler v. State, 330 So. 2d 244 (Fla. 2d DCA 1976). In Butler the defendant was charged with six separate counts of contempt for using profanity and threatening to assault the judge. We concluded that “[t]he six ‘contempts’ were not individual acts but were a single outburst by th…
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Duff v. S. Bell Tel. & Tel. Co., 386 So. 2d 253 (Fla. 5th DCA 1980)…rbally attacked the court and had accumulated six separate contempt judgments and sentences. However, the appellate court found that only one contempt was committed despite the separate outbursts and vacated five of the convictions. Butler v. State, 330 So. 2d 244 (Fla. 2d DCA 1976), cert. denied, 429 U.S. 863, 97 S.Ct. 168, 50 L.Ed.2d 142 (1976). See also Nelson v. State, 208 So. 2d 506 (Fla. 4th DCA 1968) in which the defendant was convicted and sentenced for one contempt for making six false statements in…
Previewing 3 of 13 citing cases — full citator treatment, depth of discussion, and citing context are member features.
Join FLexlaw to unlock all legal intelligenceAuthorities Cited
- Mayberry v. Pennsylvania, 400 U.S. 455 (U.S. 1971)
- Codispoti v. Pennsylvania, 418 U.S. 506 (U.S. 1974)
- Berry v. Castro Farms, 313 So. 2d 758 (Fla. 1975)
- Penson v. State, 319 So. 2d 118 (Fla. 3d DCA 1975)
- Saunders v. State, 319 So. 2d 118 (Fla. 1st DCA 1975)