Public-domain · open source
OpenJurist

561 So. 2d 1367

Webb v. State

District Court of Appeal of Florida · decided 1990-06-14

Relies on Singleton v. State

Decided 1990-06-14

PER CURIAM.

¶1This is the appeal of an order of direct criminal contempt. The trial court’s basis for finding appellant in criminal contempt is abundantly clear from the transcript; nevertheless, Florida Rule of Criminal Procedure 3.830 specifically requires that the judgment contain a recital of the underlying facts. This court has required strict adherence to this rule and the state concedes error.

¶2Upon remand, entry by the trial court of a proper judgment and sentence will obviate appellant’s objection that he was improperly sentenced to county jail for a period in excess of a year. Section 922.051, Florida Statutes (1987) does not apply here because the contempt did not even occur until after sentencing on the felony. See Singleton v. State, 554 So.2d 1162 (Fla.1990).

¶3Appellant’s remaining point on appeal is without merit.

¶4REMANDED for proceedings consistent with this opinion.

DANIEL, C.J., and COWART and GRIFFIN, JJ., concur.
/561/so2d/1367 · .json · Public domain