GORDON WASHINGTON, APPELLANT,
v.
LCUIE L. WAINWRIGHT, APPELLEE

Fla. 1st DCA | 1983-09-22
No. AP-497
MILLS and ZEHMER, JJ., concur.
438 So. 2d 175 Florida District Court of Appeal, First District (1983) Positive Treatment
Cited by 3 cases

Opinion of the Court
SHIVERS, Judge.

SHIVERS, Judge.

The order denying appellant’s petition for writ of habeas corpus is affirmed without prejudice to seek post-conviction relief, pursuant to Rule 3.850, Fla.R.Crim.P. MILLS and ZEHMER, JJ., concur.


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Cited By

  • Gidden v. State, 593 So. 2d 294 (Fla. 5th DCA 1992)
    …exander v. State, supra. In the instant case, both purposes were accomplished by the trial court’s recitation of its findings on the record. This was the rationale for the First District’s affirmance of a similar contempt order in Barnhill v. State, 438 So. 2d 175 (Fla. 1st DCA 1983). As promulgated by the supreme court, Rule 3.840(a)(6) provides only that a court [*295] “should” include a finding of facts in its order. Where, as here, sufficient oral findings are made on the record, the purpose of the rule i…
  • Barbosa-Fernandez v. State, 585 So. 2d 1134 (Fla. 3d DCA 1991)
    …empt because the record and the final judgment fail to recite facts upon which the adjudication was based as required by rule 3.840(a)(6), Florida Rules of Criminal Procedure. See West v. State, 490 So. 2d 1354 (Fla. 2d DCA 1986); Barnhill v. State, 438 So. 2d 175 (Fla. 1st DCA 1983). Accordingly, the judgment of guilt and sentence imposed is reversed and the case is remanded for entry of a proper judgment which complies with rule 3.840(a)(6). Reversed and remanded.…
  • Van Neal v. State, 891 So. 2d 607 (Fla. 1st DCA 2005)
    …the contempt during the contempt hearing. The requirement that the order recite the facts constituting the contempt is satisfied when the trial judge orally states on the record the underlying facts constituting the contempt. See Barnhill v. State, 438 So. 2d 175, 175 (Fla. 1st DCA 1983); see also Gidden v. State, 593 So. 2d 294, 294 (Fla. 5th DCA 1992). The order of indirect contempt and sentence is therefore affirmed. ALLEN, DAVIS and BROWNING, JJ., Concur.…

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