From Casetext: Smarter Legal Research

McGlamory v. State

District Court of Appeal of Florida, Second District
Jan 6, 1999
723 So. 2d 388 (Fla. Dist. Ct. App. 1999)

Opinion

No. 97-00857

Opinion filed January 6, 1999.

Appeal from the Circuit Court for Polk County, Cecelia M. Moore, Judge, and E. Randolph Bentley, Judge.

Pamela H. Izakowitz of Backhus Izakowitz, P.A., Tampa, for Appellant.

Robert A. Butterworth, Attorney General, Tallahassee, and Stephen D. Ake, Assistant Attorney General, Tampa, for Appellee.


Marcus C. McGlamory challenges his adjudication for contempt of court and his sentences for criminal mischief, attempted burglary, and assault. He raises several issues on appeal. We only find error in McGlamory's adjudication for contempt of court, and we affirm his other judgments and sentences without discussion.

We find no error in the trial court's determination that McGlamory's conduct constituted contempt of court. However, McGlamory argues, and the State agrees, that the trial court did not follow the procedural requirements of Florida Rule of Criminal Procedure 3.830. The trial court failed to provide a written judgment of guilt reciting the facts upon which the adjudication of guilt is based as required by rule 3.830.See Spivey v. State, 616 So.2d 550 (Fla. 2d DCA 1993). Therefore, we reverse McGlamory's criminal contempt order and remand the case with directions that the trial court render a judgment in compliance with rule 3.830.

Reversed and remanded with directions.

PARKER, C.J., and SALCINES, J., Concur.


Summaries of

McGlamory v. State

District Court of Appeal of Florida, Second District
Jan 6, 1999
723 So. 2d 388 (Fla. Dist. Ct. App. 1999)
Case details for

McGlamory v. State

Case Details

Full title:MARCUS C. McGLAMORY, Appellant, v. STATE OF FLORIDA, Appellee

Court:District Court of Appeal of Florida, Second District

Date published: Jan 6, 1999

Citations

723 So. 2d 388 (Fla. Dist. Ct. App. 1999)

Citing Cases

Jackson v. State

Thus, we affirm the trial court's finding of direct criminal contempt. See McGlamory v. State, 723 So.2d 388…

Hill v. State

Hill has appealed from the order, citing the trial court's failure to comply with Florida Rule of Criminal…