MONTANEZ v. STATE (2018)

District Court of Appeal of Florida, Second District.

William John MONTANEZ, Appellant/Petitioner(s), v. STATE of Florida, Appellee/Respondent(s).

CASE NO.: 2D18-2677

Decided: August 16, 2018

As the State concedes, because the trial court failed to comply with either Florida Rule of Criminal Procedure 3.830 or 3.840, we grant the petition for writ of habeas corpus and direct that the trial court vacate the corresponding jail sentence. See, e.g., Martinez v. State, 976 So.2d 1222, 1223 (Fla. 4th DCA 2008) (“The procedures found in the rules governing criminal contempt must be scrupulously followed.”); De Castro v. De Castro, 957 So. 2d 1258, 1260 (Fla. 3d DCA 2007); Puqliese v. Pugliese, 347 So. 2d 422, 426 (Fla. 1977); McAtee v. State, 899 So. 2d 1245, 1245-46 (Fla. 4th DCA 2005). The trial court shall have the petitioner brought before the court immediately and shall effect the immediate release of the petitioner on the contempt proceeding. Our grant is without prejudice to the trial court to, should it in its discretion decide to do so, commence criminal contempt proceedings in a manner consistent with the requirements of Florida Rules of Criminal Procedure. See Robinson v. Robinson, 109 So. 3d 213, 213 (Fla. 2d DCA 2013).

BY ORDER OF THE COURT:

VILLANTI, KHOUZAM, and BADALAMENTI, JJ., Concur.

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