Charlemagne v. State

Emmanuel Charlemagne appeals the trial court’s judgment of guilt, and six-month sentence, for direct criminal contempt. Charlemagne contends that his conduct was not contumacious and, alternatively, that the trial judge failed to comply with the requirements of Florida Rule of Criminal Procedure 3.830.

We affirm without further discussion the trial court’s determination that Charlemagne engaged in contumacious conduct. However, and as the State properly concedes in its brief, the trial court failed to afford the defendant an opportunity, prior to sentencing, “to present evidence of excusing or…