State v. Butter

District Court of Appeal of Florida

Decided August 1, 1989

District Court of Appeal of Florida · decided 1989-08-01

Cited by 2 later decisions — most recently May 1992

2 state decisions

Relies on Green v. State · 398 So. 2d 514 - Thomson v. State · 265 So. 2d 699 - Aron v. Huttoe

Good law ✅— No negative treatment on recordhow we know

Decided 1989-08-01

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PER CURIAM.

¶1Because intent is an essential element of the crime of contempt, Florida Ventilated Awning Co. v. Dickson, 67 So.2d 218 (Fla. 1953); Dudley v. State, 511 So.2d 1052 (Fla. 3d DCA 1987); Thomson v. State, 398 So.2d 514 (Fla. 2d DCA 1981), the circuit court did not depart from the essential requirements of the law in reversing the judgment and sentence of contempt. Therefore, we deny the state’s petition for writ of common law certiorari.

¶2Petition denied.

¶3BASKIN and JORGENSON, JJ., concur.

COPE, Judge

¶4(dissenting).

¶5I would grant the petition under authority of Aron v. Huttoe, 258 So.2d 272 (Fla. 3d DCA), cert. discharged, 265 So.2d 699 (Fla.1972), but on this record would mitigate the penalty to a monetary sanction only. See Studnick v. State, 341 So.2d 808 (Fla. 3d DCA), cert. denied, 348 So.2d 954 (Fla.1977).