DAVID RUSSELL STAHL, JR., APPELLANT,
v.
STATE OF FLORIDA, APPELLEE
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SCHEB, JOHN M., Senior Judge.
David Russell Stahl, Jr., appeals his judgment and sentence for direct criminal contempt. We affirm as the behavior forming the basis of Stahl’s conviction is clear from the record. We agree with Stahl, however, that the trial court failed to comply with the mandatory requirement of Florida Rule of Criminal Procedure 3.830 that the written judgment contains a recital of the factors upon which the adjudication was based. Accordingly, we remand for entry of a judgment which complies with rule 3.830. See Jackson v. State, 779 So. 2d 379 (Fla. 2d DCA 2000).
Finally, we find no merit in Stahl’s argument that he was denied his right to counsel. Direct criminal contempt allows for summary punishment and does not require the “full panoply of due process rights” afforded an individual prior to conviction and imprisonment. Bryant v. State, 851 So. 2d 823 (Fla. 2d DCA 2003).
Affirmed; remanded with instructions.
CASANUEVA and SALCINES, JJ., Concur.
Cases With Similar Vibessemantic neighbors from the corpus
Citator
Cited By
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Woods v. State, 987 So. 2d 669 (Fla. 2d DCA 2007)…irect criminal contempt. III. THE DEFICIENT JUDGMENT Rule 3.830 mandates that in cases of direct criminal contempt the judgment of guilt shall “include a recital of those facts on which the adjudication of guilt is based.” See also Stahl v. State, 906 So. 2d 354 (Fla. 2d DCA 2005); Osborne v. State, 430 So. 2d 551 (Fla. 2d DCA 1983). The rule is not discretionary. It serves a necessary purpose because the contemptuous conduct may well be in the form of statements or actions that are not part of a court proc…1 / 3
Authorities Cited
- Bryant v. State, 851 So. 2d 823 (Fla. 2d DCA 2003)
- Lorenza Jackson v. State, 779 So. 2d 379 (Fla. 2d DCA 2000)