JOHN RICHARD SYLVESTER, APPELLANT,
v.
STATE OF FLORIDA, APPELLEE
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LAWSON, J.
John Sylvester appeals from an order finding him in indirect criminal contempt and sentencing him to six months of incarceration. The State concedes that the trial court committed fundamental error when it allowed Sylvester’s counsel to withdraw and then continued the contempt proceeding without appointing new counsel. See Fla. R.Crim. P. 3.840(d) (recognizing the defendant is entitled to counsel in an indirect criminal contempt proceeding); Mix v. State, 827 So. 2d 397 (Fla. 2d DCA 2002) (noting. “[t]he procedures under rule 3.840 must be strictly followed before a person is found guilty of indirect criminal contempt”). Therefore, we reverse the contempt finding and sentence. The reversal is without prejudice to new proceedings being initiated in strict compliance with Florida Rule of Criminal Procedure 3.840.
REVERSED.
SAWAYA and ORFINGER, JJ., concur.
Cases With Similar Vibessemantic neighbors from the corpus
Citator
Cited By
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Bronislaw Bajcar v. Monika Klaudia Bajcar, 247 So. 3d 613 (Fla. 3d DCA 2018)…in his or her own defense. All issues of law and fact shall be heard and determined by the judge. Indirect criminal contempt proceedings require strict adherence to rule 3.840. Berlow v. Berlow, 21 So. 3d 81 (Fla. 3d DCA 2009) ; Sylvester v. State, 923 So. 2d 1289 (Fla. 5th DCA 2006) ; Levey v. D'Angelo, 819 So. 2d 864 (Fla. 4th DCA 2002) ; Lindman v. Ellis, 658 So. 2d 632 (Fla. 2d DCA 1995). In the instant case, no order to show cause was issued by the trial court. See rule 3.840(a) ; Goral v. State, 553 So.…
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Koepke v. Koepke, 275 So. 3d 1278 (Fla. 5th DCA 2019)
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Bajcar v. Bajcar (Fla. 3d DCA 2018)
Authorities Cited
- MIX v. State, 827 So. 2d 397 (Fla. 2d DCA 2002)