KEITH BARNHILL, A/K/A DONALD RAY BARNHILL, APPELLANT,
v.
STATE OF FLORIDA, APPELLEE
KEITH BARNHILL, A/K/A DONALD RAY BARNHILL, APPELLANT,
STATE OF FLORIDA, APPELLEE
438 So. 2d 175
Florida District Court of Appeal, First District (1983)
Positive Treatment
Cited by 3 cases
Opinion of the Court
SHIVERS, Judge.
We affirm appellant’s conviction for indirect criminal contempt. The petition for a rule to show cause filed by the State Attorney was sufficient to comply with the requirements of Rule 3.840(a)(1), Fla.R. Crim.P. See Vernell v. State, 212 So. 2d 11 (Fla. 3d DCA 1968); Starchk v. Wittenberg, 411 So. 2d 1000 (Fla. 5th DCA 1982). Moreover, the requirements of Rule 3.840(a)(6) were met in this case by the trial judge orally stating on the record the underlying facts constituting the contempt. See generally Adams v. State, 376 So. 2d 47 (Fla. 1st DCA 1979) and Phipps v. State, 352 So. 2d 102 (Fla. 1st DCA 1977).
AFFIRMED.
MILLS and ZEHMER, JJ., concur.
Cases With Similar Vibessemantic neighbors from the corpus
Citator
Cited By
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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…
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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.…
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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.…
Authorities Cited
- Ulysses Adams, Jr. v. State, 376 So. 2d 47 (Fla. 1st DCA 1979)
- Starchk v. Wittenberg, 411 So. 2d 1000 (Fla. 5th DCA 1982)
- Vernell v. State of Fla. ex rel. Richard E. Gerstein, 212 So. 2d 11 (Fla. 3d DCA 1968)
- Phipps v. State, 352 So. 2d 102 (Fla. 1st DCA 1977)