Bryant v. State, 2D03-1197.
Decision Date | 30 July 2003 |
Docket Number | No. 2D03-1197.,2D03-1197. |
Citation | 851 So.2d 823 |
Parties | Gloria BRYANT, Petitioner, v. STATE of Florida, Respondent. |
Court | Florida District Court of Appeals |
Julianne M. Holt, Public Defender, and Theda R. James, Assistant Public Defender, Tampa, for Petitioner.
Charles J. Crist, Jr., Attorney General, Tallahassee, and Danilo Cruz Carino, Assistant Attorney General, Tampa, for Respondent.
Gloria Bryant petitions this court for a writ of habeas corpus, alleging illegal confinement as a result of a judgment that adjudicated her guilty of direct criminal contempt and sentenced her to five days in the county jail. By previous unpublished order, we temporarily stayed the trial court's judgment and sentence and directed Ms. Bryant's immediate release pending further review of the petition. We now grant the petition and vacate the judgment and sentence.
The following facts are recited in the trial court's written judgment:
On March 18, 2003, GLORIA BRYANT, engaged in direct contempt of court by screaming and shouting foul, abusive and other language disrespectful of the Court and those assembled while standing at or directly near the entrance to Courtroom 29 and while Court was in session in Courtroom 29. Such language was clearly heard in the courtroom and disrupted the on-going trial.
Ms. Bryant argues that her conduct did not constitute direct criminal contempt because it occurred outside the actual presence of the judge and there is no evidence that her words were directed at the court or intended to interrupt or hinder judicial proceedings. We agree.
800 So.2d at 252 (internal quotation marks omitted) (quoting In re Oliver, 333 U.S. 257, 275, 68 S.Ct. 499, 92 L.Ed. 682 (1948)).
Ms. Bryant's conduct did not meet the definition of direct criminal contempt. Although the trial judge heard a disturbance, it was necessary for the State to produce a witness to describe the events that occurred outside the courtroom as well as the exact words stated by Ms....
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