Davila v. State

Douglas Davila appeals from his conviction and six-month sentence for direct criminal contempt rendered February 2, 2011. We reverse.

On December 20, 2010, the court called Davila’s case, at which time the prosecutor requested that the case be reset. The clerk gave a reset date for a week later and the court moved on to another case. At some point after the reset date was announced, Davila said something under his breath. The court asked if Davila had spoken out, and a detention deputy told the court “I think he said, ‘F* * * this court.’” The court then instructed that Davila be held in the…