Dior v. State

Full title: KENNY DIOR, APPELLANT, v. THE STATE OF FLORIDA, APPELLEE

Court: District Court of Appeal of Florida, Third District

Date published: Jun 7, 1988

525 So. 2d 1036 (Fla. Dist. Ct. App. 1988)

Opinion

No. 87-2309.

June 7, 1988.

An Appeal from the Circuit Court for Dade County; Margarita Esquiroz, Judge.

Bennett H. Brummer, Public Defender, and Henry H. Harnage, Asst. Public Defender, for appellant.

Robert A. Butterworth, Atty. Gen., and Ralph Barreira, Asst. Atty. Gen., Tallahassee, for appellee.

Before BARKDULL, NESBITT and FERGUSON, JJ.

PER CURIAM.

Where the defendant's alleged profane statements were uttered out of the court's hearing, the resulting conviction for direct criminal contempt was reversible error. Fla.R.Crim.P. 3.830; Pugliese v. Pugliese, 347 So.2d 422 (Fla. 1977). The State confesses the error.

Reversed and remanded.