HECTOR PEREZ, A/K/A ROBERTO SOLARNO, APPELLANT,
v.
THE STATE OF FLORIDA, APPELLEE
HECTOR PEREZ, A/K/A ROBERTO SOLARNO, APPELLANT,
THE STATE OF FLORIDA, APPELLEE
590 So. 2d 1138
Florida District Court of Appeal, Third District (1992)
Positive Treatment
Cited by 1 case
Opinion of the Court
PER CURIAM.
Upon the State’s confession of error, which we accept as well taken, we reverse the final judgment and sentence for contempt. It is undisputed that the alleged use of an alias in violation of a condition of probation occurred outside the presence of the court and, therefore, constituted indirect contempt. Pugliese v. Pugliese, 347 So. 2d 422 (Fla.1977). The defendant was therefore entitled to the procedural rights required by law. Fla.R.Crim.P. 3.840.
Reversed and remanded for a hearing affording the defendant notice and an opportunity to be heard.
Cases With Similar Vibessemantic neighbors from the corpus
Citator
Cited By
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Dep't of Health & Rehabilitative Servs. v. State, 599 So. 2d 123 (Fla. 5th DCA 1992)…argues, the record reflects no prior status or violations warranting detention. On October 21, however, he pled guilty to contempt. Even if the home detention were illegal prior to October 21, it became moot before we could act. .In Perez v. State, 590 So. 2d 1138 (Fla. 3d DCA 1992), the court held that violation of a probation order by using an alias would constitute indirect criminal contempt; in R.M.P. v. Jones, 419 So. 2d 618 (Fla.1982), violation of a dependency order was punished by contempt. See also B…
Authorities Cited
- Rocco Pugliese v. Pugliese, 347 So. 2d 422 (Fla. 1977)