Deltoro v. State

District Court of Appeal of Florida

Deltoro v. State

534 So. 2d 917, 13 Fla. L. Weekly 2696, 1988 Fla. App. LEXIS 5416, 1988 WL 131687

CourtDistrict Court of Appeal of Florida

DecidedDecember 13, 1988

DocketNo. 87-2683

StatusPublished

Cited by1 cases

This text of 534 So. 2d 917 (Deltoro 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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Deltoro v. State, 534 So. 2d 917, 13 Fla. L. Weekly 2696, 1988 Fla. App. LEXIS 5416, 1988 WL 131687 (Fla. Ct. App. 1988).

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Opinion

PER CURIAM.

The State concedes, properly, that the holdings in Guzman v. State, 489 So.2d 871 (Fla. 3d DCA 1986), and Lopez v. State, 423 So.2d 998 (Fla. 3d DCA 1982), control this appeal. A trial judge may not summarily adjudicate a defendant guilty of direct criminal contempt when the alleged contemptuous conduct took place, not in his presence or within his hearing, but in fact took place at an earlier time and before a different trial judge.

REVERSED AND REMANDED.

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PER CURIAM.

The State concedes, properly, that the holdings in Guzman v. State, 489 So.2d 871 (Fla. 3d DCA 1986), and Lopez v. State, 423 So.2d 998 (Fla. 3d DCA 1982), control this appeal. A trial judge may not summarily adjudicate a defendant guilty of direct criminal contempt when the alleged contemptuous conduct took place, not in his presence or within his hearing, but in fact took place at an earlier time and before a different trial judge.

REVERSED AND REMANDED.

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534 So. 2d 917, 13 Fla. L. Weekly 2696, 1988 Fla. App. LEXIS 5416, 1988 WL 131687, Counsel Stack Legal Research, https://law.counselstack.com/opinion/deltoro-v-state-fladistctapp-1988.

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