Florida District Courts of Appeal, 1989

State v. Butter

State v. Butter
Florida District Courts of Appeal · Decided August 1, 1989 · Baskin, Cope, Jorgenson
546 So. 2d 1171; 14 Fla. L. Weekly 1829; 1989 Fla. App. LEXIS 4308; 1989 WL 85298 (Southern Reporter, Second Series)

State v. Butter

Opinion of the Court

PER CURIAM.

Because intent is an essential element of the crime of contempt, Florida Ventilated Awning Co. v. Dickson, 67 So.2d 218 (Fla. 1953); Dudley v. State, 511 So.2d 1052 (Fla. 3d DCA 1987); Thomson v. State, 398 So.2d 514 (Fla. 2d DCA 1981), the circuit court did not depart from the essential requirements of the law in reversing the judgment and sentence of contempt. Therefore, we deny the state’s petition for writ of common law certiorari.

Petition denied.

BASKIN and JORGENSON, JJ., concur.

Dissenting Opinion

COPE, Judge

(dissenting).

I would grant the petition under authority of Aron v. Huttoe, 258 So.2d 272 (Fla. 3d DCA), cert. discharged, 265 So.2d 699 (Fla. 1972), but on this record would mitigate the penalty to a monetary sanction only. See Studnick v. State, 341 So.2d 808 (Fla. 3d DCA), cert. denied, 348 So.2d 954 (Fla. 1977).

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