Marshall v. State
District Court of Appeal of Florida
1Opinion of the Court
CONFESSION OF ERROR
2Per curiam
As the State properly concedes, the trial court failed to comply with the requirements for a judgment of guilt of contempt as prescribed by Rule 3.830, Florida Rules of Criminal Procedure. The record indicates that, prior to the adjudication of guilt, the trial court failed to inform the defendant of the accusation against him, failed to inquire as to whether he had any cause to show why he should not be adjudged guilty of contempt, and further failed to give him an opportunity to present evidence of excusing or mitigating circumstances. See Fla.R.Crim.P. 3.830; Cook v.…
3Cases cited3 opinions
- Peters v. StateDistrict Court of Appeal of Florida · 1993
- Martinez v. StateDistrict Court of Appeal of Florida · 1976
- Weekley v. StateDistrict Court of Appeal of Florida · 1994