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Berman v. State

253 So. 2d 144
District Court of Appeal of Florida·Decided October 12, 1971·No. No. 71-177·Published·Cited by 6 cases

Opinion

PER CURIAM.

This is an appeal from a judgment and sentence entered by the trial court for a charged direct criminal contempt. The judgment and sentence must be reversed upon the authority of Moore v. State, Fla.App.1971, 24S So.2d 880. The state attempts to argue that there was a substantial compliance with rule 1.830, Fla. Rules of Criminal Procedure, 33 F.S.A., but the record reveals: (1) a failure to recite in the judgment those facts upon which the adjudication of guilt is based, (2) a failure to inform the defendant prior to adjudication [145]*145of the accusation against him, (3) a failure to inquire as to whether the defendant had any cause to show why he should not be adjudged guilty, (4) a failure to give the defendant an opportunity to present evidence of excusing or mitigating circumstances.

Reversed.

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Berman v. State, 253 So. 2d 144 (Fla. Ct. App. 1971).

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