Toby v. State

District Court of Appeal of Florida

Toby v. State

917 So. 2d 309, 2005 Fla. App. LEXIS 20142, 2005 WL 3487869

CourtDistrict Court of Appeal of Florida

DecidedDecember 22, 2005

DocketNo. 1D05-3926

StatusPublished

Cited by1 cases

This text of 917 So. 2d 309 (Toby 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

Toby v. State, 917 So. 2d 309, 2005 Fla. App. LEXIS 20142, 2005 WL 3487869 (Fla. Ct. App. 2005).

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Opinion

PER CURIAM.

The lower court found appellant guilty of direct criminal contempt without first affording appellant an opportunity to present excusing or mitigating circumstances, as is required by Florida Rule of Criminal Procedure 3.830. Because the trial court did not strictly comply with the provisions of Rule 3.830, we reverse without prejudice to the institution of proper contempt proceedings. See Garrett v. State, 876 So.2d 24, 25-26 (Fla. 1st DCA 2004).

ERVIN, DAVIS and LEWIS, JJ., concur.

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PER CURIAM.

The lower court found appellant guilty of direct criminal contempt without first affording appellant an opportunity to present excusing or mitigating circumstances, as is required by Florida Rule of Criminal Procedure 3.830. Because the trial court did not strictly comply with the provisions of Rule 3.830, we reverse without prejudice to the institution of proper contempt proceedings. See Garrett v. State, 876 So.2d 24, 25-26 (Fla. 1st DCA 2004).

ERVIN, DAVIS and LEWIS, JJ., concur.

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917 So. 2d 309, 2005 Fla. App. LEXIS 20142, 2005 WL 3487869, Counsel Stack Legal Research, https://law.counselstack.com/opinion/toby-v-state-fladistctapp-2005.

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