Alvarez v. State

District Court of Appeal of Florida

Alvarez v. State

561 So. 2d 5, 1990 Fla. App. LEXIS 2942, 1990 WL 54952

CourtDistrict Court of Appeal of Florida

DecidedMay 1, 1990

DocketNo. 89-2611

StatusPublished

Cited by1 cases

This text of 561 So. 2d 5 (Alvarez v. State) is published on Counsel Stack Legal Research, covering District Court of Appeal of Florida primary law. Counsel Stack provides free access to over 12 million legal documents including statutes, case law, regulations, and constitutions.

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Alvarez v. State, 561 So. 2d 5, 1990 Fla. App. LEXIS 2942, 1990 WL 54952 (Fla. Ct. App. 1990).

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Opinion

On Confession of Error

PER CURIAM.

The state concedes, and this court finds, that the trial court committed reversible error in finding the defendant guilty of criminal contempt in the absence of the defendant. Bradley v. State, 420 So.2d 417 (Fla. 1st DCA 1982). The contempt judgment and sentence are hereby reversed and the case is remanded for a show cause hearing with the defendant present.

Furthermore, the trial court erred in vacating the defendant's sentence on the original charge and entering a new sentence on that charge. While a defendant may be found guilty and sentenced for contempt due to failure to comply with the terms of the sentence imposed on the charges of which he was originally found guilty, the contempt punishment does not permit reconsideration of the sentence already imposed on the original charges. Hardwick v. State, 357 So.2d 265 (Fla. 3d DCA 1978). Resentencing the defendant on the same charge constituted a violation of double jeopardy. Troupe v. Rowe, 283 So.2d 857 (Fla.1973). Therefore, the original sentence must be reinstated.

Accordingly, we remand for reinstatement of the original sentence and for a hearing on the show cause issue.

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On Confession of Error

PER CURIAM.

The state concedes, and this court finds, that the trial court committed reversible error in finding the defendant guilty of criminal contempt in the absence of the defendant. Bradley v. State, 420 So.2d 417 (Fla. 1st DCA 1982). The contempt judgment and sentence are hereby reversed and the case is remanded for a show cause hearing with the defendant present.

Furthermore, the trial court erred in vacating the defendant's sentence on the original charge and entering a new sentence on that charge. While a defendant may be found guilty and sentenced for contempt due to failure to comply with the terms of the sentence imposed on the charges of which he was originally found guilty, the contempt punishment does not permit reconsideration of the sentence already imposed on the original charges. Hardwick v. State, 357 So.2d 265 (Fla. 3d DCA 1978). Resentencing the defendant on the same charge constituted a violation of double jeopardy. Troupe v. Rowe, 283 So.2d 857 (Fla.1973). Therefore, the original sentence must be reinstated.

Accordingly, we remand for reinstatement of the original sentence and for a hearing on the show cause issue.

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561 So. 2d 5, 1990 Fla. App. LEXIS 2942, 1990 WL 54952, Counsel Stack Legal Research, https://law.counselstack.com/opinion/alvarez-v-state-fladistctapp-1990.

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