Durant v. Boone
| Decision Date | 10 July 1987 |
| Docket Number | No. 87-560,87-560 |
| Citation | 12 Fla. L. Weekly 1696,509 So.2d 1275 |
| Parties | 12 Fla. L. Weekly 1696 Cassandra DURANT, Petitioner, v. The Honorable Eddie BOONE, Sheriff of Leon County, Florida, Respondent. |
| Court | Florida District Court of Appeals |
Michael Allen, Public Defender, Randolph P. Murrell, Asst. Public Defender, Tallahassee, for petitioner.
Robert A. Butterworth, Atty. Gen., and Richard E. Doran, Asst. Atty. Gen., Tallahassee, for respondent.
Petitioner sought a writ of habeas corpus alleging that she was being detained by respondent pursuant to an unlawfully entered order of criminal contempt. The actions giving rise to this petition occurred on July 6, 1987, with the petition being filed on July 8, 1987. Pursuant to an order of this court, a response was filed the following day. The response did not contest the factual allegations of the petition, but suggested that the petition should be denied on technical grounds. After consideration of the response, the petition was granted and petitioner was ordered released. This opinion follows.
Petitioner was the state's complaining witness in a rape trial being conducted before Circuit Court Judge Charles McClure. On cross examination, defense counsel asked Petitioner whether she had previously been convicted of a felony. Petitioner admitted that she had plead nolo contendere to an aggravated assault charge and been convicted. On redirect examination by the state attorney, Petitioner was asked to explain the circumstances of the conviction. Petitioner explained that the charges accused her of firing a pistol at her former boyfriend, but that she did not really have a gun, that the bullet holes in her boyfriend's car predated the incident, and that she had merely set off some fireworks.
During the lunch recess, the Assistant State Attorney urged petitioner to recant her testimony which he believed to be false. After the recess, Petitioner was recalled, and admitted that she had fired a pistol at her boyfriend. She said she told the false story because it was the same as the original story she had told the police when she was first arrested on the assault charge.
Late in the afternoon of July 6, the jury acquitted the defendant on the sexual battery charge. Before excusing the jury, Judge McClure called petitioner before him, and announced that she was in contempt of court for perjury. He sentenced her to 30 days in jail, and petitioner was immediately taken into custody.
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