Werner v. State

The issue on this appeal is whether the trial court erred in finding the appellant, Martin Werner, in criminal contempt of court1 for a late appearance. Werner, together with another witness, explained that his automobile had broken down on the way to court. The trial judge responded:

Sir, I understand your testimony. I don’t find that an adequate excuse to getting to court on time. You are relying on this Buick automobile for transportation, you are going to have to see that it is in proper repair.... I find you guilty of indirect criminal contempt.

In Prior v. State, 562 So.2d 864 (Fla. 5th…