Florida District Courts of Appeal, 1992

Perez v. State

Florida District Courts of Appeal · Decided January 14, 1992 · Ferguson, Gersten, Hubbart

590 So. 2d 1138; 1992 Fla. App. LEXIS 165; 1992 WL 4095 (Southern Reporter, Second Series)

Cases that cite this one

2 later published cases cite this decision.

DHRS v. State (Fla. Dist. Ct. App. 1992)
Department of Health & Rehabilitative Services v. State (Fla. Dist. Ct. App. 1992)

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.

Upon the State’s confession of error, which we accept as well taken, we reverse the final judgment and sentence for contempt. It is undisputed that the alleged use of an alias in violation of a condition of probation occurred outside the presence of the court and, therefore, constituted indirect contempt. Pugliese v. Pugliese, 347 So.2d 422 (Fla. 1977). The defendant was therefore entitled to the procedural rights required by law. Fla.R.Crim.P. 3.840.

Reversed and remanded for a hearing affording the defendant notice and an opportunity to be heard.

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