B.S. v. State

DANAHY, Acting Chief Judge.

B.S., who was 13 years old at the time a juvenile petition charged him with robbery and aggravated battery, appeals an order of contempt against him based on his failure to follow the trial judge’s instructions to appear at a motion hearing during his prosecution. We reverse, finding that the trial judge abused his discretion because there is no showing in the record that B.S. refused to conform to the judge’s instructions to attend the motion hearing. See § 38.23, Fla.Stat. (1991).

The trial judge had consolidated seven juvenile eases based on one incident where the…