M.J. v. State

M.J., a juvenile, appeals the trial court’s order finding him in direct criminal contempt and sentencing him to serve three days in secure detention for using his cell phone to photograph or film the proceedings in violation of courtroom policy. Because the evidence was insufficient to prove beyond a reasonable doubt that M.J. was filming or taking pictures in the courtroom, we reverse.

Direct criminal contempt is governed by Florida Rule of Criminal Procedure 3.830 and, when a juvenile is the contemnor, Florida Rule of Juvenile Procedure 8.150. The rules permit the trial court to summarily…