CITY OF DELAND AND MULTI-LINE CLAIMS SERVICE, APPELLANTS,

v.

WILLIAM WILKINS, APPELLEE

Citator

Cited By

• Searcy v. State, 971 So. 2d 1008 (Fla. 3d DCA 2008)
  …that, after asking the defendant to show cause why he or she should not be adjudged guilty of contempt, the trial court shall give the defendant “the opportunity to present evidence of excusing or mitigating circumstances.” Id.; see Bonet v. State, 937 So. 2d 209 (Fla. 3d DCA 2006); Hibbert v. State, 929 So. 2d 622 (Fla. 3d DCA 2006); Garrett, 876 So. 2d at 24. Merely asking the defendant if he wishes to explain his behavior does not meet the procedural requirement that he be given an opportunity to present…
• Mickey Woodson v. State, 109 So. 3d 866 (Fla. 3d DCA 2013)
  …ng], 5. The judgment shall be signed by the judge and entered of record. 6. The sentence shall be pronounced in open court. Id. at 862-63. Failure to strictly comply with the requirements of the rule constitutes fundamental error. Bonet v. State, 937 So. 2d 209, 210 (Fla. 3d DCA 2006); Hibbert v. State, 929 So. 2d 622-23 (Fla. 3d DCA 2006); Garrett v. State, 876 So. 2d 24, 25 (Fla. 1st DCA 2004). Because the court did not provide Woodson with an opportunity to present evidence of excusing or mitigating cir…
• Castaneda v. State, 77 So. 3d 862 (Fla. 3d DCA 2012)
  …This rule “define[s] the essence of due process in criminal contempt and must be scrupulously followed.” Bouie v. State, 784 So. 2d 521, 523 (Fla. 4th DCA 2001). Failure to scrupulously follow the rule constituted fundamental error. Bonet v. State, 937 So. 2d 209, 210 (Fla. 3d DCA 2006); Hibbert v. State, 929 So. 2d 622, 623 (Fla. 3d DCA 2006); Garrett v. State, 876 So. 2d 24, 25 (Fla. 1st DCA 2004). We therefore reverse Castaneda’s sentence for direct criminal contempt and remand to the trial court for pro…