Legal Opinion

Collins v. State

District Court of Appeal of Florida

Decided May 18, 2016No. 4D15-385Published

1Per curiam

Appellant was found in direct criminal contempt of court. He contends that the court erred in finding that his isolated use of a profanity in court was sufficient to constitute a contempt, relying on Woods v. State, 987 So.2d 669 (Fla. 2d DCA 2007), disapproved of on other grounds, Plank v. State, 190 So.3d 594 (Fla.2016). The State acknowledges, however, that the court erred in failing to include “a recital of those facts on which the adjudication of guilt is based.” Fla. R. Crim. P. 3.830. Without those findings, we cannot conclude whether the single profanity alone was the basis for…

2Cases cited2 opinions

  1. Woods v. StateDistrict Court of Appeal of Florida · 2007
  2. Noel Plank v. State of FloridaSupreme Court of Florida · 2016

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