JOHN MICHAEL CHIULLI v. STATE OF FLORIDA (2022)

District Court of Appeal of Florida, Fifth District.

JOHN MICHAEL CHIULLI, Appellant, v. STATE OF FLORIDA, Appellee.

Case No. 5D22-364

Decided: December 02, 2022

Matthew J. Metz, Public Defender, and George D.E. Burden, Assistant Public Defender, Daytona Beach, for Appellant. Ashley Moody, Attorney General, Tallahassee, and L. Charlene Matthews, Assistant Attorney General, Daytona Beach, for Appellee.

John Michael Chiulli appeals a written judgment of direct criminal contempt, arguing that the judgment failed to comply with Florida Rule of Criminal Procedure 3.830. The State properly concedes error. Because the written judgment in this case fails to specify the conduct upon which the adjudication was based, we reverse the criminal contempt judgment entered below and remand with directions that the trial court render a judgment in compliance with rule 3.830. See Cutwright v. State, 934 So. 2d 667, 668 (Fla. 2d DCA 2006); Hutcheson v. State, 903 So. 2d 1060, 1062 (Fla. 5th DCA 2005).

REVERSED and REMANDED.

PER CURIAM.

EVANDER, WALLIS and EDWARDS, JJ., concur.

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