NUNES v. STATE

No. 82-782.

434 So.2d 366 (1983)

David S. NUNES, Appellant, v. STATE of Florida, Appellee.

District Court of Appeal of Florida, Fourth District.

July 20, 1983.


Attorney(s) appearing for the Case

Ray Sandstrom of Sandstrom & Haddad, Fort Lauderdale, for appellant.

Jim Smith, Atty. Gen., Tallahassee, and Sharon Lee Stedman, Asst. Atty. Gen., West Palm Beach, for appellee.


BERANEK, Judge.

The defendant appeals a judgment finding him guilty of contempt. We reverse.

The defendant is an attorney who represented an individual who was charged and tried for burglary and attempted sexual battery. Near the closing of his final summation to the jury, the judge excused the jury, found the attorney guilty of contempt, and then proceeded with the trial.

Florida Rule of Criminal Procedure 3.830 governs direct criminal contempt. It...

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