Deltoro v. State

The State concedes, properly, that the holdings in Guzman v. State, 489 So.2d 871 (Fla. 3d DCA 1986), and Lopez v. State, 423 So.2d 998 (Fla. 3d DCA 1982), control this appeal. A trial judge may not summarily adjudicate a defendant guilty of direct criminal contempt when the alleged contemptuous conduct took place, not in his presence or within his hearing, but in fact took place at an earlier time and before a different trial judge.

REVERSED AND REMANDED.