Legal Opinion

Hayes v. State

District Court of Appeal of Florida

Decided September 24, 2003No. 3D03-408Published

1Opinion of the Court

FLETCHER, Judge.

We affirm the trial court’s two orders holding Xavier Hayes in criminal contempt. We do so notwithstanding that the trial court deviated from Rule 3.830, Florida Rules of Criminal Procedure, which rule governs direct criminal contempt proceedings and requires scrupulous compliance with its provisions.1 See Poitier v. Spears, 750 So.2d 767 (Fla. 3d DCA 2000). The deviation, however, was technical and Hayes was ultimately afforded all the rights incorporated in Rule 3.830.2 As *849stated by the First District Court of Appeal in Saunders v. State, 319 So.2d 118 (Fla. 1st DCA 1975):…

2Cases cited3 opinions

  1. Saunders v. StateDistrict Court of Appeal of Florida · 1975
  2. B.M. v. StateDistrict Court of Appeal of Florida · 1988
  3. Poitier v. SpearsDistrict Court of Appeal of Florida · 2000

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