Charlemagne v. Guevara

District Court of Appeal of Florida

Charlemagne v. Guevara

184 So. 3d 553, 2015 Fla. App. LEXIS 19817

CourtDistrict Court of Appeal of Florida

DecidedDecember 23, 2015

DocketNo. 3D15-2893

StatusPublished

This text of 184 So. 3d 553 (Charlemagne v. Guevara) 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.

Bluebook

Charlemagne v. Guevara, 184 So. 3d 553, 2015 Fla. App. LEXIS 19817 (Fla. Ct. App. 2015).

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Opinion

SUAREZ, C.J.

Based upon the State’s proper confession of error that the trial court failed to follow the procedures of Fla. R. Crim. P. 3.840 in holding the defendant in contempt, we grant the Petition for Habeas Corpus and vacate the contempt order entered below and direct that the defendant be immediately released. This order is without prejudice to the trial court to pursue contempt hearings by properly following the procedures of Rule 3.840.¹ No rehearing will be entertained by the Court, and the mandate shall issue immediately.

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SUAREZ, C.J.

Based upon the State’s proper confession of error that the trial court failed to follow the procedures of Fla. R. Crim. P. 3.840 in holding the defendant in contempt, we grant the Petition for Habeas Corpus and vacate the contempt order entered below and direct that the defendant be immediately released. This order is without prejudice to the trial court to pursue contempt hearings by properly following the procedures of Rule 3.840.¹ No rehearing will be entertained by the Court, and the mandate shall issue immediately.

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Bluebook (online)

184 So. 3d 553, 2015 Fla. App. LEXIS 19817, Counsel Stack Legal Research, https://law.counselstack.com/opinion/charlemagne-v-guevara-fladistctapp-2015.