Florida District Courts of Appeal, 2005

Toby v. State

Toby v. State
Florida District Courts of Appeal · Decided December 22, 2005 · Davis, Ervin, Lewis
917 So. 2d 309; 2005 Fla. App. LEXIS 20142; 2005 WL 3487869 (Southern Reporter, Second Series)

Toby v. State

Opinion of the Court

PER CURIAM.

The lower court found appellant guilty of direct criminal contempt without first affording appellant an opportunity to present excusing or mitigating circumstances, as is required by Florida Rule of Criminal Procedure 3.830. Because the trial court did not strictly comply with the provisions of Rule 3.830, we reverse without prejudice to the institution of proper contempt proceedings. See Garrett v. State, 876 So.2d 24, 25-26 (Fla. 1st DCA 2004).

ERVIN, DAVIS and LEWIS, JJ., concur.

Case-law data current through December 31, 2025. Source: CourtListener bulk data.