Hibbert v. State, 929 So. 2d 622 (Fla. 3d DCA 2006). · Go Syfert
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Hibbert v. State, 929 So. 2d 622 (Fla. 3d DCA 2006). Cases Citing This Book View Copy Cite
7 citation events (7 in the last 25 years) across 1 distinct court.
Strongest positive: Castaneda v. State, 77 So. 3d 862 (Fla. 3d DCA 2012)
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At page 622 929 So.2d 622 (2006) George C. HIBBERT, Appellant, v. The STATE of Florida, Appellee. No. 3D05-1045. District Court of Appeal of Florida, Third District. May…1 citing caseopening of page *622 (no citing court says what it cites this page for)
  • Bonet v. State, 937 So. 2d 209 (Fla. 3d DCA 2006).published
    As this Court observed in Hibbert v. State, 929 So.2d 622, 622 (Fla. 3d DCA 2006): Florida Rule of Criminal Procedure 3.830 requires the trial judge to inform the defendant of the accusation of criminal contempt and inquire whether the def…
At page 623 sentence. Thus, the trial judge failed to follow the procedural requirements, which is fundamental error. See Garrett v. State, 876 So.2d 24 (Fla. 1st DCA…1 citing caseopening of page *623 (no citing court says what it cites this page for)
  • Castaneda v. State, 77 So. 3d 862 (Fla. 3d DCA 2012).published
    Bonet v. State, 937 So.2d 209, 210 (Fla. 3d DCA 2006); Hibbert v. State, 929 So.2d 622, 623 (Fla. 3d DCA 2006); Garrett v. State, 876 So.2d 24, 25 (Fla. 1st DCA 2004).
Other citing cases1 with no pin cite or quoted language on record
Retrieving the full opinion text from the archive…
George C. HIBBERT, Appellant,
v.
The STATE of Florida, Appellee.
3D05-1045.
District Court of Appeal of Florida, Third District.
May 10, 2006.
Published opinion
929 So. 2d 622
2006 WL 1331490
Levy, Gersten, and Fletcher.
Cited by 6 opinions  |  Published

Bennett H. Brummer, Public Defender, and Robert Godfrey, Assistant Public Defender, for appellant.

Charles J. Crist, Jr., Attorney General, and William J. Selinger, Assistant Attorney General, for appellee.

Before LEVY, GERSTEN, and FLETCHER, JJ.

PER CURIAM.

George Hibbert ("Hibbert"), appeals his judgment and sentence for direct criminal contempt. We reverse.

Florida Rule of Criminal Procedure 3.830 requires the trial judge to inform the defendant of the accusation of criminal contempt and inquire whether the defendant has cause to show why he should not be held in contempt and sentenced. See Fla. R.Crim. P. 3.830. Rule 3.830 also requires the trial judge to give the defendant the opportunity to present evidence of excusing or mitigating circumstances before the sentencing. See Fla. R.Crim. P. 3.830.

Here, the trial judge asked Hibbert to show cause why he should not be held in direct criminal contempt. However, the trial judge did not give Hibbert an opportunity to present evidence of mitigating circumstances or to discuss why the trial judge should or should not impose a particular[*623] sentence. Thus, the trial judge failed to follow the procedural requirements, which is fundamental error. See Garrett v. State, 876 So.2d 24 (Fla. 1st DCA 2004).

Accordingly, we reverse the trial court's judgment and sentence for proper criminal contempt proceedings.

Reversed and remanded.