LAUDI DIAZ, APPELLANT,
v.
THE STATE OF FLORIDA, APPELLEE
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PER CURIAM.
We affirm the trial court’s denial of Diaz’ motion for post-conviction relief. See Smith v. State, 697 So. 2d 991 (Fla. 4th DCA 1997)(it is the trial court’s responsibility to make findings of fact as to witness credibility). We do, however, reverse the trial court’s finding that Diaz was guilty of criminal contempt. See Rhoads v. State, 817 So. 2d 1089 (Fla. 2d DCA 2002)(for a witness to be held in direct criminal contempt based on purported penurious testimony there must be judicial knowledge of the falsity); Newry v. State, 654 So. 2d 1292 (Fla. 4th DCA 1995)(‘[T]he mere fact that the court believes one witness over another is insufficient to establish judicial knowledge [of false testimony]’, citing from Emanuel v. State, 601 So. 2d 1273 (Fla. 4th DCA 1992)); Emanuel, 601 So. 2d at 1275 ( [Direct] contempt should be reserved for the most blatant cases in which perjury is virtually undisputed.).
Affirmed as to the denial of the post-conviction motion; reversed as to the trial court’s finding that Diaz was guilty of contempt.
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R.T. v. State, 879 So. 2d 1257 (Fla. 3d DCA 2004)…PER CURIAM. R.T. appeals a determination that he committed the offense of burglary, after which the trial court withheld adjudication. We conclude that the evidence was legally sufficient. See Diaz v. State, 845 So. 2d 336 (Fla. 3d DCA 2003); Lopez v. State, 811 So. 2d 839 (Fla. 3d DCA 2002); C.C. v. State, 823 So. 2d 263 (Fla. 3d DCA 2002); State v. Dawson, 681 So. 2d 1206, 1207 n. 1 (Fla. 3d DCA 1996); see also § 810.07(1), Fla. Stat. (2003). Affirmed.…
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Margules v. The Eleventh Jud. Cir. Court OF Fla., 981 So. 2d 553 (Fla. 3d DCA 2008)…not have an obstructive effect and (2) the circuit court did not have judicial knowledge of the falsity of the testimony, we reverse the order below and remand this matter to the trial court with instructions to vacate the order. See Diaz v. State, 845 So. 2d 336, 336 (Fla. 3d DCA 2003); D.V. v. State, 817 So. 2d 1098, 1099 (Fla. 2d DCA 2002). [*554] Reversed and remanded with instructions.…
Authorities Cited
- Emanuel v. State, 601 So. 2d 1273 (Fla. 4th DCA 1992)
- Smith v. State, 697 So. 2d 991 (Fla. 4th DCA 1997)
- Newry v. State, 654 So. 2d 1292 (Fla. 4th DCA 1995)
- Davella v. State, 817 So. 2d 1089 (Fla. 4th DCA 2002)
- Rhoads v. State, 817 So. 2d 1089 (Fla. 2d DCA 2002)