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Phelps v. State
Citation: 236 So. 3d 1162Docket: Case No. 2D17–594
Court: District Court of Appeal of Florida; January 30, 2018; Florida; State Appellate Court
Moses I. Phelps appeals a ruling of direct criminal contempt, which resulted in a ten-day jail sentence and a $250 fine. While the appellate court finds no merit in Phelps's arguments, it reverses the decision due to a fundamental error: the trial court's noncompliance with Florida Rule of Criminal Procedure 3.830. This rule allows for summary punishment of contempt occurring in the court's presence but mandates that the court inform the defendant of the allegations, provide an opportunity to respond, and record the judgment with factual recitals. The appellate review of contempt orders is based on an abuse of discretion standard. Although defendants in direct contempt cases do not receive the full due process typically afforded in criminal cases, the essentials of due process must still be observed. Notably, the failure to allow the defendant to present mitigating evidence or to inform them of the contempt charges violates rule 3.830, constituting fundamental error and necessitating reversal. The appellate court cites various precedents supporting the necessity of adhering to procedural requirements in contempt proceedings. The trial court breached rule 3.830 by not allowing Phelps an opportunity to demonstrate why he should not be held in direct criminal contempt and by failing to inform him of his right to present mitigating circumstances. Although Phelps did not raise these violations in his initial brief, he addressed them in his reply brief in response to the State's claims of compliance with the rule. Typically, issues introduced in a reply brief are not considered, but since the State had already discussed the trial court's compliance, the court found it appropriate to address the matter. The error was deemed fundamental, necessitating correction regardless of whether the parties identified it, as established in prior case law. Consequently, the appellate court determined that the trial court abused its discretion and reversed the order of direct criminal contempt and the associated sentence. LaROSE, C.J. and ROTHSTEIN-YOUAKIM, J. concurred, referencing Plichta v. Plichta for support.