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DELTORO v. STATE

No. 87-2683.

534 So.2d 917 (1988)

Alex DELTORO, Appellant, v. The STATE of Florida, Appellee.

District Court of Appeal of Florida, Third District.

December 13, 1988.

Attorney(s) appearing for the Case

Bennett H. Brummer, Public Defender, and Beth C. Weitzner, Asst. Public Defender, for appellant.

Robert A. Butterworth, Atty. Gen., and Richard L. Polin, Asst. Atty. Gen., for appellee.

Before NESBITT, FERGUSON and JORGENSON, JJ.

PER CURIAM.

The State concedes, properly, that the holdings in Guzman v. State, 489 So.2d 871 (Fla. 3d DCA 1986), and Lopez v. State, 423 So.2d 998 (Fla. 3d DCA 1982), control this appeal. 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...

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