Florida District Courts of Appeal, 1971

Berman v. State

Florida District Courts of Appeal · Decided October 12, 1971 · Carroll, Pearson, Swann

253 So. 2d 144 (Southern Reporter, Second Series)

Cases that cite this one

6 later published cases cite this decision.

O'NEAL v. State (Fla. Dist. Ct. App. 1987)
Jacobs v. State (Fla. Dist. Ct. App. 1976)
McDonald v. State (Fla. Dist. Ct. App. 1975)
Krathen v. State (Fla. Dist. Ct. App. 1975)
Speller v. State (Fla. Dist. Ct. App. 1974)
Davis v. State (Fla. Dist. Ct. App. 1972)

This list shows which later cases cite this one. It does not say how they treated it, and no review of that has been done. Not a substitute for Shepard’s or KeyCite — verify before relying.

Opinion of the Court

PER CURIAM.

This is an appeal from a judgment and sentence entered by the trial court for a charged direct criminal contempt. The judgment and sentence must be reversed upon the authority of Moore v. State, Fla.App.1971, 24S So.2d 880. The state attempts to argue that there was a substantial compliance with rule 1.830, Fla. Rules of Criminal Procedure, 33 F.S.A., but the record reveals: (1) a failure to recite in the judgment those facts upon which the adjudication of guilt is based, (2) a failure to inform the defendant prior to adjudication *145of the accusation against him, (3) a failure to inquire as to whether the defendant had any cause to show why he should not be adjudged guilty, (4) a failure to give the defendant an opportunity to present evidence of excusing or mitigating circumstances.

Reversed.

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