Martin v. State

In Martin v. State, 711 So.2d 1173 (Fla. 4th DCA 1998) we reversed an order holding appellant in direct criminal contempt because the trial court had not followed Florida Rule of Criminal Procedure 3.830, which requires that the court give the contemnor an opportunity to explain why he should not be adjudicated guilty before punishment is imposed. The facts comprising the contempt are set forth in that opinion. On remand, the court gave appellant the opportunity to explain and then imposed the same thirty day sentence. We find no error and affirm.

At the hearing pursuant to our remand of the…