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Florida District Courts of Appeal, 1988

Deltoro v. State

Deltoro v. State
Florida District Courts of Appeal · Decided December 13, 1988 · Ferguson, Jorgenson, Nesbitt
534 So. 2d 917; 13 Fla. L. Weekly 2696; 1988 Fla. App. LEXIS 5416; 1988 WL 131687 (Southern Reporter, Second Series)

Deltoro v. State

Opinion of the Court

PER CURIAM.

The State concedes, properly, that the holdings in Guzman v. State, 489 So.2d 871 (Fla. 3d DCA 1986), and Lopez v. State, 423 So.2d 998 (Fla. 3d DCA 1982), control this appeal. A trial judge may not summarily adjudicate a defendant guilty of direct criminal contempt when the alleged contemptuous conduct took place, not in his presence or within his hearing, but in fact took place at an earlier time and before a different trial judge.

REVERSED AND REMANDED.

Case-law data current through December 31, 2025. Source: CourtListener bulk data.

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