Osborne v. State, 430 So. 2d 551

HOBSON, Acting Chief Judge.

Bobby Randall Osborne appeals an order adjudicating him guilty of direct criminal contempt and sentencing him to 20 days in the county jail. We reject as without merit his arguments that his conduct in question did not constitute direct criminal contempt and that his punishment was disproportionate to the offense. However, we accept his contention that the trial court committed a technical error by failing to recite in the judgment those facts upon which the adjudication of guilt is based, as required by Florida Rule of Criminal Procedure 3.830. Potts v. State, 330 So.2d 547 (Fla. 4th DCA 1976).

Accordingly, we reverse the judgment and remand with directions that the court render a judgment which complies with the requirements of Rule 3.830.

REVERSED and REMANDED.

BOARDMAN and CAMPBELL, JJ., concur.

Case Details

Case Name: Osborne v. State

Court Name: District Court of Appeal of Florida

Date Published: Apr 29, 1983

Citations: 430 So. 2d 551; 82-1769

Docket Number: 82-1769

Court Abbreviation: Fla. Dist. Ct. App.