JOHN MICHAEL CHIULLI vs STATE OF FLORIDA

• Court: District Court of Appeal of Florida
• Decided: December 2, 2022
• Docket: 22-0364
• Status: Published

Opinion

IN THE DISTRICT COURT OF APPEAL OF THE STATE OF FLORIDA FIFTH DISTRICT

NOT FINAL UNTIL TIME EXPIRES TO FILE MOTION FOR REHEARING AND DISPOSITION THEREOF IF FILED

JOHN MICHAEL CHIULLI,

Appellant,

v. Case No. 5D22-364 LT Case No. 2020-CF-3636-A-W

STATE OF FLORIDA,

Appellee. ________________________________/

Opinion filed December 2, 2022

Appeal from the Circuit Court for Marion County, Peter M. Brigham, Judge.

Matthew J. Metz, Public Defender, and George D.E. Burden, Assistant Public Defender, Daytona Beach, for Appellant.

Ashley Moody, Attorney General, Tallahassee, and L. Charlene Matthews, Assistant Attorney General, Daytona Beach, for Appellee.

PER CURIAM. John Michael Chiulli appeals a written judgment of direct criminal

contempt, arguing that the judgment failed to comply with Florida Rule of

Criminal Procedure 3.830. The State properly concedes error. Because the

written judgment in this case fails to specify the conduct upon which the

adjudication was based, we reverse the criminal contempt judgment entered

below and remand with directions that the trial court render a judgment in

compliance with rule 3.830. See Cutwright v. State, 934 So. 2d 667, 668 (Fla.

2d DCA 2006); Hutcheson v. State, 903 So. 2d 1060, 1062 (Fla. 5th DCA

2005).

REVERSED and REMANDED.

EVANDER, WALLIS and EDWARDS, JJ., concur.