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J.D.J. v. STATE

No. 4D12-1973.

120 So.3d 229 (2013)

J.D.J., a child, Appellant, v. STATE of Florida, Appellee.

District Court of Appeal of Florida, Fourth District.

August 28, 2013.

Attorney(s) appearing for the Case

Carey Haughwout , Public Defender, and Nan Ellen Foley , Assistant Public Defender, West Palm Beach, for appellant.

Pamela Jo Bondi , Attorney General, Tallahassee, and Heidi L. Bettendorf , Assistant Attorney General, West Palm Beach, for appellee.

CONNER, J.

Because J.D.J. was fifteen minutes late to court, he was found in direct criminal contempt and given five additional days in secure detention.1 Willfulness is required for an individual to be detained or incarcerated for direct criminal contempt. Because the unrebutted facts demonstrate that J.D.J. did not have control over his arrival time, his tardiness could not have been willful; therefore, we reverse. Further, fundamental...

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