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Marshall v. State

District Court of Appeal of Florida, Third District
May 8, 1996
672 So. 2d 663 (Fla. Dist. Ct. App. 1996)

Opinion

No. 95-1165.

May 8, 1996.

An Appeal from the Circuit Court of Dade County, Bernard S. Shapiro and Gerald J. Klein, Judges; Lower Tribunal No. 95-10301.

Bennett H. Brummer, Public Defender and Rosa C. Figarola, Assistant Public Defender, for appellant.

Robert A. Butterworth, Attorney General and Angelica D. Zayas, Assistant Attorney General, for appellee.

Before BARKDULL, GODERICH and FLETCHER, JJ.


CONFESSION OF ERROR


As the State properly concedes, the trial court failed to comply with the requirements for a judgment of guilt of contempt as prescribed by Rule 3.830, Florida Rules of Criminal Procedure. The record indicates that, prior to the adjudication of guilt, the trial court failed to inform the defendant of the accusation against him, failed to inquire as to whether he had any cause to show why he should not be adjudged guilty of contempt, and further failed to give him an opportunity to present evidence of excusing or mitigating circumstances. See Fla.R.Crim.P. 3.830; Cook v. State, 636 So.2d 895 (Fla. 3d DCA 1994); Peters v. State, 626 So.2d 1048 (Fla. 4th DCA 1993); Martinez v. State, 339 So.2d 1133 (Fla. 2d DCA 1976), approved, 346 So.2d 68 (Fla. 1977). Therefore, this cause is reversed and remanded for further proceedings to allow the trial court to comply with Rule 3.830 before holding the defendant in contempt.

Reversed and remanded.


Summaries of

Marshall v. State

District Court of Appeal of Florida, Third District
May 8, 1996
672 So. 2d 663 (Fla. Dist. Ct. App. 1996)
Case details for

Marshall v. State

Case Details

Full title:HERBERT MARSHALL, APPELLANT, v. THE STATE OF FLORIDA, APPELLEE

Court:District Court of Appeal of Florida, Third District

Date published: May 8, 1996

Citations

672 So. 2d 663 (Fla. Dist. Ct. App. 1996)