CASTANEDA v. STATE

No. 3D10-3159.

77 So.3d 862 (2012)

Guillermo CASTANEDA, Appellant, v. The STATE of Florida, et al., Appellees.

District Court of Appeal of Florida, Third District.

January 18, 2012.


Attorney(s) appearing for the Case

Carlos J. Martinez , Public Defender, and John Eddy Morrison , Assistant Public Defender, for appellant.

Pamela Jo Bondi , Attorney General, and Jay E. Silver , Assistant Attorney General, for appellees.

Before SALTER, EMAS, and FERNANDEZ, JJ.


FERNANDEZ, J.

Guillermo Castaneda appeals his judgment of conviction and sentence for direct criminal contempt. We reverse because the trial court failed to give Castaneda the opportunity to present evidence of mitigating circumstances.

It is clear from the record that Castaneda's behavior was contemptuous, and we do not disturb this aspect of the trial court's determination. Castaneda, however, was entitled to an opportunity to present evidence of excusing...

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