Alexander v. State

District Court of Appeal of Florida

Decided February 28, 1991

District Court of Appeal of Florida · decided 1991-02-28

Cited by 2 later decisions — most recently January 1992

2 state decisions

Key passage — most relied on by later courts

“There should be included in a judgment of guilty a recital of the facts constituting the contempt of which the defendant has been found and adjudicated guilty. [Emphasis added]. [1]”

quoted by 1 later decision, including 593 So. 2d 294 - Gidden v. State

Relies on 505 So. 2d 36 - White v. Buck

Good law ✅— No negative treatment on recordhow we know

Decided 1991-02-28

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DAUKSCH, Judge.

¶1This is an appeal from an order adjudging appellant guilty of indirect criminal contempt.

¶2As in White v. Buck, 505 So.2d 36 (Fla. 5th DCA 1987), we set aside the judgment because the order fails to follow Florida Rule of Criminal Procedure 3.840(a)(6). The rule requires that there be included in the judgment of guilty a recital of the facts constituting the contempt of which the defendant has been found and adjudicated guilty. This serves to “advise the accused and to permit meaningful appellate review.” White v. Buck, 505 So.2d at 37.

¶3The judgment and sentence are set aside and this cause remanded for entry of a proper judgment.

¶4VACATED and REMANDED.

COBB and PETERSON, JJ., concur.