Sentencing is correct. Contempt of court and it's officials during a proceeding is immediately punishable in many states. ORDER in the COURT. Next case.
A criminal contempt may be punished summarily if the court saw or heard the conduct constituting the contempt committed in the actual presence of the court. The judgment of guilt of contempt shall include a recital of those facts on which the adjudication of guilt is based. Prior to the adjudication of guilt the judge shall inform the defendant of the accusation against the defendant and inquire as to whether the defendant has any cause to show why he or she should not be adjudged guilty of contempt by the court and sentenced therefor. The defendant shall be given the opportunity to present evidence of excusing or mitigating circumstances. The judgment shall be signed by the judge and entered of record. Sentence shall be pronounced in open court.
Given that the judge did not do any of these things prior to "finding" her in direct criminal contempt, the conviction and sentence are illegal.
The judge asked "did I just hear you say f-me?" and this little twit said "yes I did". The court both saw and heard the contempt, and her admission of it.
The "Judge" was wrong in doing this. When he said adious after he gave her a bigger fine he was in contemt when he said adious back to her!!! Smart ass.
You have absolutely NO idea of what you're talking about. She was acting like a disrespectful brat from the get-go. He warned her to take it seriously and she ignored it, continuing to act like an utter fool, thinking she was all cool as if she were some sort of celebrity on TV. Well, she got her "15 minutes of fame", let's see how she likes it when she gets out after 30 days.
If this is what passes for the younger generation these days (and people are actually willing to stand up for this kind of behavior), then I'm afraid this country doesn't have much of a future.
The burden of proper conduct was on HER. Not only was she flippant (his accent indicates he is Hispanic, so saying "adios" to him was her attempt at sarcasm), she also gave him the bird. She WAS contemptuous, disrespectful to the Court, and DESERVED what she got. How can you DEFEND such behavior?
What a self indulgent judge. Over weight. Probably unable to do ten push-ups. Picked on the defendant because - he could. What a shame. Is that justice?
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Florida Rules of Criminal Procedure
3.830. Direct Criminal Contempt
A criminal contempt may be punished summarily if the court saw or heard the conduct constituting the contempt committed in the actual presence of the court. The judgment of guilt of contempt shall include a recital of those facts on which the adjudication of guilt is based. Prior to the adjudication of guilt the judge shall inform the defendant of the accusation against the defendant and inquire as to whether the defendant has any cause to show why he or she should not be adjudged guilty of contempt by the court and sentenced therefor. The defendant shall be given the opportunity to present evidence of excusing or mitigating circumstances. The judgment shall be signed by the judge and entered of record. Sentence shall be pronounced in open court.
Given that the judge did not do any of these things prior to "finding" her in direct criminal contempt, the conviction and sentence are illegal.
Sentence will stand.
If this is what passes for the younger generation these days (and people are actually willing to stand up for this kind of behavior), then I'm afraid this country doesn't have much of a future.