Nunes v. State

BERANEK, Judge.

The defendant appeals a judgment finding him guilty of contempt. We reverse.

The defendant is an attorney who represented an individual who was charged and tried for burglary and attempted sexual battery. Near the closing of his final summation to the jury, the judge excused the jury, found the attorney guilty of contempt, and then proceeded with the trial.

Florida Rule of Criminal Procedure 3.830 governs direct criminal contempt. It states:

Rule 3.830. Direct Criminal Contempt

A criminal contempt may be punished summarily if the court saw or heard the conduct constituting the…