Florida District Courts of Appeal, 1998

Herrera v. State

Florida District Courts of Appeal · Decided June 30, 1998 · Dauksch, Levy, Schwartz

710 So. 2d 1392; 1998 Fla. App. LEXIS 7970; 1998 WL 347608 (Southern Reporter, Second Series)

Cases that cite this one

1 later published case cites this decision.

Thomas v. State (Fla. Dist. Ct. App. 2000)

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.

The appellant was found guilty of direct criminal contempt for violating an oral court order concerning the contents of his testimony when he took the stand as a defendant in an earlier criminal trial. Our review of the record reveals both that the oral order did not contain the requisite specificity, see Kranis v. Kranis, 313 So.2d 135 (Fla. 3d DCA 1975), and that there was insufficient indication of Herrera’s intent to violate the order. See Dudley v. State, 511 So.2d 1052 (Fla. 3d DCA 1987). Accordingly, the adjudication and sentence are reversed and the defendant is ordered discharged.

Rehearing is dispensed with. This decision shall take effect immediately.

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