Toby v. State

917 So. 2d 309, 2005 Fla. App. LEXIS 20142, 2005 WL 3487869
District Court of Appeal of Florida·Decided December 22, 2005·No. No. 1D05-3926·Published·Cited by 1 cases

Opinion

PER CURIAM.

The lower court found appellant guilty of direct criminal contempt without first affording appellant an opportunity to present excusing or mitigating circumstances, as is required by Florida Rule of Criminal Procedure 3.830. Because the trial court did not strictly comply with the provisions of Rule 3.830, we reverse without prejudice to the institution of proper contempt proceedings. See Garrett v. State, 876 So.2d 24, 25-26 (Fla. 1st DCA 2004).

ERVIN, DAVIS and LEWIS, JJ., concur.

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Toby v. State, 917 So. 2d 309, 2005 Fla. App. LEXIS 20142, 2005 WL 3487869 (Fla. Ct. App. 2005).

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