Florida District Courts of Appeal, 2000

Jackson v. State

Florida District Courts of Appeal · Decided May 24, 2000 · Parker, Salcines, Whatley

779 So. 2d 379; 2000 Fla. App. LEXIS 6177; 2000 WL 668504 (Southern Reporter, Second Series)

Cases that cite this one

2 later published cases cite this decision.

KEVIN MARCELLO HALL v. STATE OF FLORIDA (Fla. Dist. Ct. App. 2021)
Stahl v. State (Fla. Dist. Ct. App. 2005)

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

SALCINES, Judge.

Lorenza Jackson appeals the judgment finding him to be in direct criminal contempt and sentencing him to five months and twenty nine days’ incarceration. Jackson’s contemptuous behavior occurred in the presence of the trial court, frustrated an ongoing proceeding, and is apparent on the face of the record. Thus, we affirm the trial court’s finding of direct criminal contempt. See McGlamory v. State, 723 So.2d 388 (Fla. 2d DCA 1999). However, the judgment itself did not contain a recital of the facts upon which the adjudication was based as required by Florida Rule of *380Criminal Procedure 3.880. In the context of this rule, the recitation requirement is mandatory rather than discretionary. See Gidden v. State, 613 So.2d 457 (Fla. 1993). Thus, we remand this matter for the entry of a judgment which complies with rule 3.830.

Affirmed and remanded with instructions.

PARKER, A.C.J., and WHATLEY, J., Concur.

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