Castaneda v. State

Guillermo Castaneda appeals his judgment of conviction and sentence for direct criminal contempt. We reverse because the trial court failed to give Castaneda the opportunity to present evidence of mitigating circumstances.

It is clear from the record that Castaneda’s behavior was contemptuous, and we do not disturb this aspect of the trial court’s determination. Castaneda, however, was entitled to an opportunity to present evidence of excusing or mitigating circumstances before the trial court imposed its sentence.

Florida Rule of Criminal Procedure 3.830 outlines the requirements for an…