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Collins v. State

DISTRICT COURT OF APPEAL OF THE STATE OF FLORIDA FOURTH DISTRICT
May 18, 2016
192 So. 3d 580 (Fla. Dist. Ct. App. 2016)

Opinion

No. 4D15–385.

05-18-2016

Omoro Laron COLLINS, Appellant, v. STATE of Florida, Appellee.

Carey Haughwout, Public Defender, and Peggy Natale, Assistant Public Defender, West Palm Beach, for appellant. Pamela Jo Bondi, Attorney General, Tallahassee, and Rachael Kaiman, Assistant Attorney General, West Palm Beach, for appellee.


Carey Haughwout, Public Defender, and Peggy Natale, Assistant Public Defender, West Palm Beach, for appellant.

Pamela Jo Bondi, Attorney General, Tallahassee, and Rachael Kaiman, Assistant Attorney General, West Palm Beach, for appellee.

Opinion

PER CURIAM.

Appellant was found in direct criminal contempt of court. He contends that the court erred in finding that his isolated use of a profanity in court was sufficient to constitute a contempt, relying on Woods v. State, 987 So.2d 669 (Fla. 2d DCA 2007), disapproved of on other grounds, Plank v. State, 190 So.3d 594 (Fla.2016). The State acknowledges, however, that the court erred in failing to include “a recital of those facts on which the adjudication of guilt is based.” Fla. R. Crim. P. 3.830. Without those findings, we cannot conclude whether the single profanity alone was the basis for finding appellant in contempt. We therefore reverse and remand for the trial court to make findings to support the order of contempt.

Reversed and remanded.

WARNER, CONNER and FORST, JJ., concur.


Summaries of

Collins v. State

DISTRICT COURT OF APPEAL OF THE STATE OF FLORIDA FOURTH DISTRICT
May 18, 2016
192 So. 3d 580 (Fla. Dist. Ct. App. 2016)
Case details for

Collins v. State

Case Details

Full title:OMORO LARON COLLINS, Appellant, v. STATE OF FLORIDA, Appellee.

Court:DISTRICT COURT OF APPEAL OF THE STATE OF FLORIDA FOURTH DISTRICT

Date published: May 18, 2016

Citations

192 So. 3d 580 (Fla. Dist. Ct. App. 2016)