Florida District Courts of Appeal, 1995

Edwards v. State

Edwards v. State
Florida District Courts of Appeal · Decided November 22, 1995 · Klein, Pariente, Polen
662 So. 2d 1035; 1995 Fla. App. LEXIS 12304; 1995 WL 691959 (Southern Reporter, Second Series)

Edwards v. State

Opinion of the Court

PARIENTE, Judge.

We affirm the judgment of conviction and sentence for false imprisonment and battery, rejecting defendant’s claim that the trial court abused its discretion when it refused to strike three prospective jurors for cause. However, we reverse and remand the judgment of conviction for direct criminal contempt which occurred at the time of the sentencing hearing because the trial court failed to recite the facts constituting criminal contempt in its judgment, in violation of Florida Rule of Criminal Procedure 3.830. The state concedes error. See Schenck v. State, 645 So.2d 71, 73 (Fla. 4th DCA 1994), and cases cited therein. We do not prejudge the merits of the contempt conviction.

AFFIRMED IN PART; REVERSED IN PART.

POLEN and KLEIN, JJ., concur.

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