Supreme Court of Florida

Noel Plank, Petitioner v. State of Florida, Respondent — Pariente, J., Concurring in Part and Dissenting in Part

March 17, 201641 Fla. L. Weekly Supp. 93

Summary

Justice Pariente concurs in vacating Noel Plank’s direct criminal contempt conviction but dissents from the majority’s rule that a defendant is not entitled to counsel when incarceration of six months or less is imposed. He argues that the Sixth Amendment and Florida constitutional and statutory provisions require appointed counsel whenever imprisonment is a possible penalty, and urges a rule change to require counsel for any direct contempt sentence exceeding twenty‑four hours.