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LOPEZ v. STATE

No. 82-529.

423 So.2d 998 (1982)

Manuel LOPEZ, Appellant, v. The STATE of Florida, Appellee.

District Court of Appeal of Florida, Third District.

December 28, 1982.

Attorney(s) appearing for the Case

Bennett H. Brummer, Public Defender and Robin H. Greene, Asst. Public Defender, for appellant.

Jim Smith, Atty. Gen. and Jack Ludin, Asst. Atty. Gen., for appellee.

Before BARKDULL, NESBITT and JORGENSON, JJ.

PER CURIAM.

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 a week before the instant proceedings and before a different trial judge. Rule 3.830 Florida Rules of Criminal Procedure.1

The state contends that because the alleged contemptuous acts took place in open court it...

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