ULYSSES L. BROWN, Appellant,
STATE OF FLORIDA, Appellee.
FINAL UNTIL TIME EXPIRES TO FILE REHEARING MOTION AND, IF
from the Circuit Court for Hillsborough County; Chet A.
L. Dimmig, II, Public Defender, and Julius J. Aulisio,
Assistant Public Defender, Bartow, for Appellant.
Jo Bondi, Attorney General, Tallahassee, and Brandon R.
Christian, Assistant Attorney General, Tampa, for Appellee.
L. Brown appeals his judgment and sentence for direct
criminal contempt. The State concedes, and we agree, that the
trial court erred by finding Mr. Brown in direct criminal
contempt. Accordingly, we reverse the judgment and sentence
and remand with directions to vacate Mr. Brown's
November 16, 2015, the State charged Mr. Brown with
third-degree felony possession of cocaine, first-degree
misdemeanor possession of marijuana, and possession of drug
paraphernalia. His case was scheduled for trial on March 21,
2016. When the case was called that morning, Mr. Brown's
counsel asked the court to pass the case so he could discuss
with Mr. Brown the possibility of a plea agreement. The
prosecutor advised the trial court that she would seek a
continuance if she and Mr. Brown could not reach an
agreement. When the case was recalled, Mr. Brown's
counsel told the court that he had not had an opportunity to
speak with Mr. Brown about a potential counteroffer but that
it was unlikely the case would be resolved that morning.
prosecutor asked to approach the bench, where the following
THE PROSECUTOR: Your Honor, it came to my attention that Mr.
Brown is too impaired this morning to have any meaningful
conversation with his attorney about a counteroffer or a
THE COURT: Impaired by what?
DEFENSE COUNSEL: I don't know. I just have reservations
about entering into any type of plea agreement this morning.
THE COURT: Do you smell alcohol on him? Do you smell alcohol
DEFENSE COUNSEL: Your Honor, I smell alcohol in the general