PAYNE v. STATE

No. 85-873.

486 So.2d 74 (1986)

Ernest PAYNE, Appellant, v. STATE of Florida, Appellee.

District Court of Appeal of Florida, Fourth District.

April 9, 1986.


Attorney(s) appearing for the Case

Richard L. Jorandby, Public Defender, and Allen J. DeWeese, Asst. Public Defender, West Palm Beach, for appellant.

Jim Smith, Atty. Gen., Tallahassee, and Robert L. Teitler, Asst. Atty. Gen., West Palm Beach, for appellee.


GLICKSTEIN, Judge.

This is an appeal of a final order, finding the defendant guilty of direct criminal contempt. We reverse.

We are empathetic with the trial judge, who was there when the episode occurred. Nevertheless, the trial court heard only an expletive — one word, nothing more — and not the statements which two witnesses heard. Accordingly, his conclusion was not based on what he actually heard, which was insufficient for a finding of...

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