Herrera v. State

District Court of Appeal of Florida

Herrera v. State

710 So. 2d 1392, 1998 Fla. App. LEXIS 7970, 1998 WL 347608

CourtDistrict Court of Appeal of Florida

DecidedJune 30, 1998

DocketNo. 98-1535

StatusPublished

Cited by1 cases

This text of 710 So. 2d 1392 (Herrera 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

Herrera v. State, 710 So. 2d 1392, 1998 Fla. App. LEXIS 7970, 1998 WL 347608 (Fla. Ct. App. 1998).

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Opinion

PER CURIAM.

The appellant was found guilty of direct criminal contempt for violating an oral court order concerning the contents of his testimony when he took the stand as a defendant in an earlier criminal trial. Our review of the record reveals both that the oral order did not contain the requisite specificity, see Kranis v. Kranis, 313 So.2d 135 (Fla. 3d DCA 1975), and that there was insufficient indication of Herrera’s intent to violate the order. See Dudley v. State, 511 So.2d 1052 (Fla. 3d DCA 1987). Accordingly, the adjudication and sentence are reversed and the defendant is ordered discharged.

Rehearing is dispensed with. This decision shall take effect immediately.

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PER CURIAM.

The appellant was found guilty of direct criminal contempt for violating an oral court order concerning the contents of his testimony when he took the stand as a defendant in an earlier criminal trial. Our review of the record reveals both that the oral order did not contain the requisite specificity, see Kranis v. Kranis, 313 So.2d 135 (Fla. 3d DCA 1975), and that there was insufficient indication of Herrera’s intent to violate the order. See Dudley v. State, 511 So.2d 1052 (Fla. 3d DCA 1987). Accordingly, the adjudication and sentence are reversed and the defendant is ordered discharged.

Rehearing is dispensed with. This decision shall take effect immediately.

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Bluebook (online)

710 So. 2d 1392, 1998 Fla. App. LEXIS 7970, 1998 WL 347608, Counsel Stack Legal Research, https://law.counselstack.com/opinion/herrera-v-state-fladistctapp-1998.

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