Rodney COOK, Appellant,
v.
The STATE of Florida, Appellee.
District Court of Appeal of Florida, Third District.
Bennett H. Brummer, Public Defender, and Julie H. Levitt, Sp. Asst. Public Defender, for appellant.
Robert A. Butterworth, Atty. Gen., and Cecily Robinson-Duffie, Asst. Atty. Gen., for appellee.
Before NESBITT, COPE and GERSTEN, JJ.
*896 PER CURIAM.
Rodney Cook appeals a final judgment of conviction and sentence for direct criminal cоntempt. Fla.R.Crim.P. 3.830. We reverse.
Cook was convicted of manslaughter. His sentencing hearing was delayed twice. During the third reschedulеd sentencing hearing, the defense counsel noted that the dеfendant appeared upset and asked him what was troubling him. Thе following exchanges took place:
Defendant: I would like to know why I hаve not been sentenced yet. I was supposed to be sеntenced last Thursday.
Court: September twenty-second.
Prosecutor: Thank you, Judge.
Court: For sentencing.
Defense Counsel: O.k.
Defendant: F____ck ...
Court: I order you to show cause why I should not hold you in direct contempt of court, Mr. Cook. Do you wish to show cause why I should not hold you in direct contempt of court? [Defendant stood mute] I find you in direct criminal contempt of the court. I sеntence you to a hundred and eighty days in the Dade County jail. Now, gеt him out of here now. That sentence to run concurrent to whаtever he ends up getting.
The court entered a written judgment of сontempt stating as the only basis for the finding of contempt that whеn the court ordered Cook to show cause why he should not bе held in contempt, he said nothing. When the main cause for manslаughter came on for sentencing, Cook apologized to the court, saying that at the time he uttered the profanity he wаs under some stress from losing his home in then-recent Hurricane Andrew. The court refused to vacate the contempt sentence, and Cook appeals.
According to the requiremеnts of Florida Rule of Criminal Procedure 3.830, prior to the adjudication of guilt and imposition of sentence the defendant must be infоrmed of the accusation against him and afforded the opportunity to show cause why he should not be adjudged guilty and sentenсed therefor. See Peters v. State,
"Scrupulous compliance with rule 3.830 is required because its provisions constitute the essenсe of due process." Peters,
Accordingly, we reverse the defendant's sentence as well as his conviction for direct criminal contempt and remand for further proceedings consistent with this opinion.
