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(Download) "Cutwright v. State" by In the District Court of Appeal of Florida Second District ~ eBook PDF Kindle ePub Free

Cutwright v. State

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eBook details

  • Title: Cutwright v. State
  • Author : In the District Court of Appeal of Florida Second District
  • Release Date : January 04, 2006
  • Genre: Law,Books,Professional & Technical,
  • Pages : * pages
  • Size : 54 KB

Description

Regarding Cutwrights criminal contempt conviction, we find no error in the trial courts determination that Cutwrights conduct constituted direct criminal contempt. However, as Cutwright argued in a motion filed pursuant to Florida Rule of Criminal Procedure 3.800(b), and as the State concedes, the trial court did not follow the procedural requirements of Florida Rule of Criminal Procedure 3.830, which requires courts to "include [in the written judgment of contempt] a recital of those facts on which the adjudication of guilt is based." Because the written judgment in this case fails to specify the conduct upon which the adjudication was based, we must reverse Cutwrights criminal contempt order and remand with directions that the trial court render a judgment in compliance with rule 3.830. See McGlamory v. State, 723 So. 2d 388, 388 (Fla. 2d DCA 1999).


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