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Chiulli v. State

Florida Court of Appeals, Fifth District
Dec 2, 2022
No. 5D22-364 (Fla. Dist. Ct. App. Dec. 2, 2022)

Opinion

5D22-364

12-02-2022

JOHN MICHAEL CHIULLI, Appellant, v. STATE OF FLORIDA, Appellee.

Matthew J. Metz, Public Defender, and George D.E. Burden, Assistant Public Defender, Daytona Beach, for Appellant. Ashley Moody, Attorney General, Tallahassee, and L. Charlene Matthews, Assistant Attorney General, Daytona Beach, for Appellee.


NOT FINAL UNTIL TIME EXPIRES TO FILE MOTION FOR REHEARING AND DISPOSITION THEREOF IF FILED

Appeal from the Circuit Court for Marion County, LT Case No. 2020-CF-3636-A-W Peter M. Brigham, Judge.

Matthew J. Metz, Public Defender, and George D.E. Burden, Assistant Public Defender, Daytona Beach, for Appellant.

Ashley Moody, Attorney General, Tallahassee, and L. Charlene Matthews, Assistant Attorney General, Daytona Beach, for Appellee.

PER CURIAM.

John Michael Chiulli appeals a written judgment of direct criminal contempt, arguing that the judgment failed to comply with Florida Rule of Criminal Procedure 3.830. The State properly concedes error. Because the written judgment in this case fails to specify the conduct upon which the adjudication was based, we reverse the criminal contempt judgment entered below and remand with directions that the trial court render a judgment in compliance with rule 3.830. See Cutwright v. State, 934 So.2d 667, 668 (Fla. 2d DCA 2006); Hutcheson v. State, 903 So.2d 1060, 1062 (Fla. 5th DCA 2005).

REVERSED and REMANDED.

EVANDER, WALLIS and EDWARDS, JJ., concur.


Summaries of

Chiulli v. State

Florida Court of Appeals, Fifth District
Dec 2, 2022
No. 5D22-364 (Fla. Dist. Ct. App. Dec. 2, 2022)
Case details for

Chiulli v. State

Case Details

Full title:JOHN MICHAEL CHIULLI, Appellant, v. STATE OF FLORIDA, Appellee.

Court:Florida Court of Appeals, Fifth District

Date published: Dec 2, 2022

Citations

No. 5D22-364 (Fla. Dist. Ct. App. Dec. 2, 2022)