Legal Opinion

Marshall v. State

District Court of Appeal of Florida

Decided August 14, 2000No. 1D99-3927PublishedCited by 3 opinions

1Per curiam

Appellant seeks reversal of an order of direct criminal contempt. Because the lower court failed to inquire as to whether appellant had any cause to show why he should not be adjudicated guilty of contempt and failed to give appellant an opportunity to present excusing or mitigating evidence, as required by Florida Rule of Criminal Procedure 3.830, the judgment of direct criminal contempt must be reversed. See Royster v. State, 668 So.2d 346, 346 (Fla. 1st DCA 1996); Clark v. State, 625 So.2d 68, 69 (Fla. 1st DCA 1993); O’Neal v. State, 501 So.2d 98, 100 (Fla. 1st DCA 1987). Our reversal is…

2Cases cited3 opinions

  1. O'NEAL v. StateDistrict Court of Appeal of Florida · 1987
  2. Clark v. StateDistrict Court of Appeal of Florida · 1993
  3. Royster v. StateDistrict Court of Appeal of Florida · 1996

3Cited by3 opinions

  1. Garrett v. StateDistrict Court of Appeal of Florida · 2004
  2. T.J.L. v. StateDistrict Court of Appeal of Florida · 2014
  3. Alex Diaz De La Portilla v. State of FloridaDistrict Court of Appeal of Florida · 2014

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