Phelps v. State

Decision Date31 January 2018
Docket NumberCase No. 2D17–594
Citation236 So.3d 1162
Parties Moses I. PHELPS, a/k/a Moses Isaiah Phelps, Appellant, v. STATE of Florida, Appellee.
CourtFlorida District Court of Appeals

236 So.3d 1162

Moses I. PHELPS, a/k/a Moses Isaiah Phelps, Appellant,
v.
STATE of Florida, Appellee.

Case No. 2D17–594

District Court of Appeal of Florida, Second District.

Opinion filed January 31, 2018


Moses I. Phelps, a/k/a Moses Isaiah Phelps, pro se.

Pamela Jo Bondi, Attorney General, Tallahassee, and Cornelius C. Demps, Assistant Attorney General, Tampa, for Appellee.

MORRIS, Judge.

Moses I. Phelps, a/k/a Moses Isaiah Phelps, appeals an order finding him in direct criminal contempt, sentencing him to ten days in jail, and imposing a $250

236 So.3d 1163

fine. Although we find no merit to Phelps's arguments made in his initial brief, we must reverse due to fundamental error arising from the trial court's failure to comply with the requirements of Florida Rule of Criminal Procedure 3.830.

We review "an order of direct criminal contempt for an abuse of discretion." T.J.L. v. State, 139 So.3d 503, 505 (Fla. 1st DCA 2014).

"Conduct which is calculated to embarrass, hinder, or obstruct the trial court in the administration of justice or that which is calculated to lessen the court's authority or dignity constitutes criminal contempt." Id. (quoting Woodie v. Campbell, 960 So.2d 877, 879 (Fla. 1st DCA 2007) ). Florida Rule of Criminal Procedure 3.830 provides that

[a] criminal contempt may be punished summarily if the court saw or heard the conduct constituting the contempt committed in the actual presence of the court. The judgment of guilt of contempt shall include a recital of those facts on which the adjudication of guilt is based. Prior to the adjudication of guilt [,] the judge shall inform the defendant of the accusation against the defendant and inquire as to whether the defendant has any cause to show why he or she should not be adjudged guilty of contempt by the court and sentenced therefor. The defendant shall be given the opportunity to present evidence of excusing or mitigating circumstances. The judgment shall be signed by the judge and entered of record. Sentence shall be pronounced in open court.

Thus where the misconduct occurs in open court in the presence of the judge and where it interrupts the court proceedings, "courts have the inherent authority to take immediate action." Plank v. State, 190 So.3d 594, 602 (Fla. 2016) ; see also Kelley v. Rice, 800 So.2d 247, 251–52 (Fla. 2d DCA 2001).

Because of the summary nature of direct criminal contempt proceedings, defendants are not entitled to the full panoply of due process rights typically afforded to criminal defendants. See Bryant v. State, 851...

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6 cases
  • Rosier v. State
    • United States
    • Florida District Court of Appeals
    • June 28, 2019
    ...Hendricks v. State, 34 So. 3d 819, 828 (Fla. 1st DCA 2010); Adams v. State, 122 So. 3d 976, 979 (Fla. 2d DCA 2013); Phelps v. State, 236 So. 3d 1162, 1164 (Fla. 2d DCA 2018); Berben, 268 So. 3d at 238.8 Until Bishop came along and created a rule of law by misapplying Bain, no appellate cour......
  • Morejon-Medina v. State, Case No. 2D18-3539
    • United States
    • Florida District Court of Appeals
    • August 14, 2019
    ...So. 2d 420, 421 (Fla. 1986), which we are required to correct sua sponte if it is apparent on the face of the record, Phelps v. State, 236 So. 3d 1162, 1164 (Fla. 2d DCA 2018). As such, we must vacate Medina's conviction and sentence for solicitation and remand for resentencing based on a c......
  • Hall v. State
    • United States
    • Florida District Court of Appeals
    • September 29, 2021
    ...hinder, or obstruct the trial court in the administration of justice or that which is calculated to lessen the court's authority or dignity." Id. Such conduct "may punished summarily if the court saw or heard [it]" and it was "committed in the actual presence of the court." Fla. R. Crim. P.......
  • Hall v. State
    • United States
    • Florida District Court of Appeals
    • September 29, 2021
    ...Mr. Hall's sentence to sixty days. Analysis We review orders of direct criminal contempt for abuse of discretion. Phelps v. State , 236 So. 3d 1162, 1163 (Fla. 2d DCA 2018). Criminal contempt is "[c]onduct which is calculated to embarrass, hinder, or obstruct the trial court in the administ......
  • Request a trial to view additional results

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