Alvarez v. State

On Confession of Error

The state concedes, and this court finds, that the trial court committed reversible error in finding the defendant guilty of criminal contempt in the absence of the defendant. Bradley v. State, 420 So.2d 417 (Fla. 1st DCA 1982). The contempt judgment and sentence are hereby reversed and the case is remanded for a show cause hearing with the defendant present.

Furthermore, the trial court erred in vacating the defendant's sentence on the original charge and entering a new sentence on that charge. While a defendant may be found guilty and sentenced for contempt due to…