Deltoro v. State

Full title: ALEX DELTORO, APPELLANT, v. THE STATE OF FLORIDA, APPELLEE

Court: District Court of Appeal of Florida, Third District

Date published: Dec 13, 1988

534 So. 2d 917 (Fla. Dist. Ct. App. 1988)

Opinion

No. 87-2683.

December 13, 1988.

An Appeal from the Circuit Court for Dade County; Margarita Esquiroz, Judge.

Bennett H. Brummer, Public Defender, and Beth C. Weitzner, Asst. Public Defender, for appellant.

Robert A. Butterworth, Atty. Gen., and Richard L. Polin, Asst. Atty. Gen., for appellee.

Before NESBITT, FERGUSON and JORGENSON, JJ.

PER CURIAM.

The State concedes, properly, that the holdings in Guzman v. State, 489 So.2d 871 (Fla. 3d DCA 1986), and Lopez v. State, 423 So.2d 998 (Fla. 3d DCA 1982), control this appeal. A trial judge may not summarily adjudicate a defendant guilty of direct criminal contempt when the alleged contemptuous conduct took place, not in his presence or within his hearing, but in fact took place at an earlier time and before a different trial judge.

REVERSED AND REMANDED.