Florida District Courts of Appeal, 2003

Payne v. State

Payne v. State
Florida District Courts of Appeal · Decided January 17, 2003 · Blue, Silberman, Whatley
842 So. 2d 872; 2003 WL 131685 (Southern Reporter, Second Series)

Payne v. State

Opinion of the Court

PER CURIAM.

Affirmed.

WHATLEY and SILBERMAN, JJ., Concur. BLUE, C.J., Dissents with opinion.

Dissenting Opinion

BLUE, Chief Judge,

Dissenting.

I respectfully dissent. I in no way condone Mr. Payne’s profane outburst, but that does not excuse the trial court’s failure to provide a proper hearing in compliance with Florida Rule of Criminal Procedure 8.830 before adjudicating Mr. Payne in direct contempt and ordering a sentence of five months and twenty-nine days. The trial court also failed to enter a written order until forty-five days after the oral pronouncement and sentence.

Assuming the contempt sentence was concurrent with the sentence imposed for the violation of probation (for which there is no record support), it could be argued— no harm, no foul. However, this does not excuse what I perceive to be a procedural failure.

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