Fred AARON, Petitioner, v. STATE of Florida, Respondent, 284 So. 2d 673

Summary

Petitioner was charged with attempting to influence the action of a grand juror. He was convicted, sentenced to jail, and fined for contempt without the benefit of a jury trial. The district court affirmed. On appeal, the court stated that criminal contempt trials were effectively criminal in nature. The court held that Fla. R. Crim. P. 3.804(a)(4), which allowed the trial court to try the contempt case without a jury, did not pass constitutional muster. It authorized a judge to impose a sentence of over six months' imprisonment without empanelling a jury to try the facts. The court further held that if a judge contemplated a sentence of less than six months, a jury would not have to be empanelled. Because petitioner's sentence was four months, it fell within the constitutional limitations of the law. Lastly, the court held that the trial court's denial of petitioner's motions to take a juror's deposition and for a bill of particulars was error. Therefore, petitioner was deprived of ...