Guzman v. State

Full title: GUSTAVO M. GUZMAN, APPELLANT, v. THE STATE OF FLORIDA, APPELLEE

Court: District Court of Appeal of Florida, Third District

Date published: Jun 10, 1986

489 So. 2d 872 (Fla. Dist. Ct. App. 1986)

Opinion

No. 85-318.

June 10, 1986.

Appeal from the Circuit Court, Dade County, Arthur J. Snyder, J.

Bennett H. Brummer, Public Defender and Marti Rothenberg, Asst. Public Defender, for appellant.

Jim Smith, Atty. Gen. and Steven T. Scott, Asst. Atty. Gen., for appellee.

Before BARKDULL, BASKIN and DANIEL S. PEARSON, JJ.

PER CURIAM.

A trial judge may not summarily adjudicate defendant guilty of direct criminal contempt when the alleged contemptuous conduct took place, not in his presence or within his hearing, but in fact took place at another time and before a different trial judge. Lopez v. State, 423 So.2d 998 (Fla. 3d DCA 1982); Rule 3.830 Fla.R.Crim.P.

Therefore we reverse the adjudication of direct criminal contempt here under review.

Reversed.