R. R. C., A JUVENILE, APPELLANT,
v.
STATE OF FLORIDA, APPELLEE
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KARL, Justice.
We have for review on direct appeal an order of the Circuit Court, in and for Escambia County, inherently passing on the constitutionality of Section 847.05, Florida Statutes, and adjudicating appellant to be delinquent, thereby vesting jurisdiction in this court pursuant to Article V, Section 3(b)(1), Florida Constitution.
The trial court denied appellant’s motion to dismiss the petition for delinquency filed against him and, thereby, inherently upheld the constitutional validity of Section 847.05, Florida Statutes. The judgment of the trial court is reversed on the authority of this court’s recent discussion in Spears v. State, 337 So. 2d 977 (Fla.1976), and the cause is remanded for further proceedings consistent herewith.
It is so ordered.
OVERTON, C. J., and ADKINS, BOYD, ENGLAND, SUNDBERG and HATCH-ETT, JJ., concur.
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Colondro Peters v. State, 626 So. 2d 1048 (Fla. 4th DCA 1993)…ly with this statute requires a reversal. As to the contempt conviction, although we have no difficulty in concluding that appellant’s conduct constituted direct criminal contempt, see Martinez v. State, 339 So. 2d 1133 (Fla. 2d DCA 1976), approved 346 So. 2d 68 (Fla.1977), we cannot agree that the trial court complied with the applicable rule. Florida Rule of Criminal Procedure 3.830 provides as follows: A criminal contempt may be punished summarily if the court saw or heard the conduct constituting the c…
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Floyd v. The Honorable E. Randolph Bentley, 496 So. 2d 862 (Fla. 2d DCA 1986)…522 (1968); Aaron v. State, 345 So. 2d 641 (Fla.), cert. denied, 434 U.S. 868, 98 S.Ct. 208, 54 L.Ed.2d 146 (1977) (Aaron II); Aaron v. State, 284 So. 2d 673 (Fla.1973) (Aaron I); Martinez v. State, 339 So. 2d 1133 (Fla. 2d DCA 1976), cert. denied, 346 So. 2d 68 (Fla.1977). Since the trial court has entered a “notice to restrict sentence” to the effect that the maximum sentence upon a finding of guilt will be 179 days, Floyd does not claim a constitutional right to a jury trial. Rather, he maintains that th…
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Donnie Murrell v. State, 595 So. 2d 1049 (Fla. 4th DCA 1992)…, 415 So. 2d 1359 (Fla.), rev. denied, 415 So. 2d 1361 (Fla. 1982); Saunders v. State, 319 So. 2d 118 (Fla. 1st DCA 1975), cert, discharged, 344 So. 2d 567 (Fla.1977); Martinez v. State, 339 So. 2d 1133 (Fla. 2d DCA 1976), approved on other grounds, 346 So. 2d 68 (Fla.1977). See also Fabian v. State, 585 So. 2d 1158 (Fla. 4th DCA 1991). As I read the record, that is what the trial court believed counsel was saying. Further, a finding of contempt in such circumstances would be particularly appropriate here, w…
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- Blannie Mae Spears v. State, 337 So. 2d 977 (Fla. 1976)