Forbes v. State

933 So. 2d 706, 31 Fla. L. Weekly Fed. D 1982
CourtDistrict Court of Appeal of Florida
DecidedJuly 26, 2006
Docket4D05-1554
StatusPublished
Cited by13 cases

This text of 933 So. 2d 706 (Forbes 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.

Bluebook
Forbes v. State, 933 So. 2d 706, 31 Fla. L. Weekly Fed. D 1982 (Fla. Ct. App. 2006).

Opinion

933 So.2d 706 (2006)

Stacey FORBES, Appellant,
v.
STATE of Florida, Appellee.

No. 4D05-1554.

District Court of Appeal of Florida, Fourth District.

July 26, 2006.

*708 William Gelin of Tribune Legal Services, LLC, Fort Lauderdale, for appellant.

Charles J. Crist, Jr., Attorney General, Tallahassee, and Joseph A. Tringali, Assistant Attorney General, West Palm Beach, for appellee.

TAYLOR, J.

Stacey Forbes, a prospective juror, was found guilty of criminal contempt and sentenced to four months in the Broward County Jail for responding untruthfully to a written questionnaire concerning prior arrests and failing to disclose a pending criminal charge during jury selection. He appeals the contempt judgment on procedural grounds and challenges the sufficiency of the evidence to support his adjudication and punishment for criminal contempt. We affirm.

Nineteen-year-old Stacey Forbes was summoned for jury duty. He appeared at the Broward County Courthouse and was sworn for voir dire in a criminal case. Before questioning each juror individually, the court asked the prospective jurors to raise their hands if they had any pending criminal charges; no one did. The court then asked each juror to respond verbally to a written questionnaire. The court advised the venire to "err on the side of caution" if they were uncertain what the questions required, and told the jurors that they could request a private meeting *709 if they were embarrassed about sharing certain information.

Appellant was the first member of the venire to be called upon to respond to the written questionnaire. Question 15 asked: "Have you or any member of your family ever been arrested?" Appellant read the question aloud: "And have you ever been a member — anyone in your family been arrested? No." Appellant was not corrected on his misreading of Question 15 nor questioned further about his response by either the state or the defense.

After both parties questioned the prospective jurors and selection began, the state alerted the court that it had discovered that appellant had a prior juvenile arrest and a pending criminal charge. The state moved to strike appellant for cause. The court said that "if he's been less than candid with this court, he's not leaving today."

The court then called appellant into the courtroom, where the following exchange took place:

Court: Do you read and write English?
Forbes: Yes.
Court: And you read the form, the questionnaire, am I right?
Forbes: Yes.
Court: And you answered yes — and you answered no to question number fifteen, have you or any member of your family ever been arrested?
Forbes: Yes.
Court: Well, do you have anything else you'd like to tell us?
Forbes: I got arrested for possession of marijuana.
Court: What else?
Forbes: That's it.

The court reminded appellant that before questioning the jurors individually, it asked them to advise the court if they had any pending criminal charges. The court asked him:

Court: How about earlier on, when I asked everyone on qualifications to be a juror, does anyone have any charges pending against them. Remember that question?
Forbes: I didn't — I wasn't familiar, 'cause —
Court: When I asked everybody about their lawful — about their legal qualifications to be on a jury? Remember I asked everybody if you're over the age of eighteen, citizen of the United States, resident of this county, and then one of the other questions I asked was whether you have any criminal charges pending against you; do you remember that?
Forbes: Yes.
....
Court: So it's clear, that you do have charges pending against you — felony charges; is that right?
Forbes: I got arrested.
Court: Yeah. For? Possession of more than twenty grams of marijuana; right?
Forbes: Yeah.
Court: Okay. And that's a felony charge. So you have felony charges pending against you; correct?
Forbes: Yes.

When the court reminded appellant that the questionnaire also asked if any family member had ever been arrested, appellant initially said "Nobody in my family," but then added, "My dad, yeah." Appellant seemed confused when the court told him that they had discovered that he had been arrested twice. He asked, "Twice?" Whereupon, the court said:

You know what, I've had enough of him. Put him in the back of the courtroom. You're not leaving.

*710 After striking appellant for cause, the court ordered him to remain in the back of the courtroom for a contempt proceeding. Later, the court asked appellant if he could afford a lawyer, explaining that there would be a direct criminal contempt proceeding. Appellant asked to call his mother to see if she could help him find a lawyer. The court deputy later advised the court that appellant's mother was unable to obtain an attorney for appellant.

Shortly thereafter, the court advised appellant that it was holding direct criminal contempt proceedings for perjury, for lying to the court under oath regarding his past criminal record, prior arrests, and his dad's prior arrest. The court asked appellant to explain why he did not answer truthfully when asked about pending charges and prior arrests. Appellant explained:

Okay. Well, Your Honor, honestly, truthfully, why this happened is because I was kind of nervous when I was reading the paper and I didn't get to read it like fully. I didn't no [sic] it required it, so I said no. But I'm sorry for all this disrespect I brung [sic] to your courtroom and for the holdup. I didn't intentionally meant [sic] for that to happen.

When the court asked appellant why it should not hold him in contempt, he responded:

Honestly, I have poor reading skills.
I didn't get to finish high school, so — well, that particular question you read out loud, nice and clear, I didn't understand it that well.

The court allowed appellant an opportunity to present mitigating factors regarding a sentence. It then found beyond a reasonable doubt that appellant knowingly lied under oath to the court regarding his individual and family arrest history and his current criminal charge. The court held him in direct criminal contempt of court and sentenced him to four months in the Broward County Jail. Later, the court issued a written order reciting the facts and finding beyond a reasonable doubt that appellant knowingly lied under oath.

Appellant challenges the contempt judgment on both procedural and substantive grounds. As to procedure, he argues that the trial court erred in holding direct criminal contempt proceedings under rule 3.830 of the Florida Rules of Criminal Procedure, instead of indirect criminal contempt proceedings under rule 3.840. Consequently, he was denied the greater due process rights afforded by rule 3.840. He further argues, on substantive grounds, that the evidence was insufficient to support his conviction and sentence for criminal contempt.

Criminal contempt is "[a]n offense against the authority or the dignity of a court or of a judicial officer," Ex parte Earman, 85 Fla. 297, 95 So.

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Cite This Page — Counsel Stack

Bluebook (online)
933 So. 2d 706, 31 Fla. L. Weekly Fed. D 1982, Counsel Stack Legal Research, https://law.counselstack.com/opinion/forbes-v-state-fladistctapp-2006.