JUDITH S. WEECH, APPELLANT,
v.
STATE OF FLORIDA, APPELLEE
JUDITH S. WEECH, APPELLANT,
STATE OF FLORIDA, APPELLEE
309 So. 2d 246
Florida District Court of Appeal, Fourth District (1975)
Negative Treatment
Cited by 3 cases
Opinion of the Court
PER CURIAM.
Appellant was adjudged to be in indirect criminal contempt of the Circuit Court of Orange County, Florida, for her failure to respond to an investigative subpoena served upon her by the office of the State Attorney.
The record discloses that after appellant was served with an order to show cause as provided in subsection (a)(1) of Rule 3.-840, R.Cr.P., the court failed to follow the procedure set forth in the remainder of said rule. Accordingly, the judgment is reversed and this cause remanded for further proceedings pursuant to the provisions of Rule 3.840, R.Cr.P. Reversed and remanded.
OWEN, C. J., and CROSS and DOW-NEY, JJ., concur.
Cases With Similar Vibessemantic neighbors from the corpus
Citator
Cited By
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Rocco Pugliese v. Pugliese, 347 So. 2d 422 (Fla. 1977)…me unnecessary even in proceedings for indirect criminal contempt if the person charged is given notice of the charge and a hearing. This position is untenable for two reasons. First, In re S. L. T. predates Fla. R.Crim.P. 3.840 [see Weech v. State, 309 So. 2d 246 (Fla.4th DCA 1975)]. Second, even though petitioner, through counsel, received notice of a hearing for contempt order, he had no reason to believe at the time of the hearing that it was for other than civil contempt. He was not appraised that he wou…
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Keezel v. State, 358 So. 2d 247 (Fla. 4th DCA 1978)…of Fla.R.Crim.P. 3.830. REVERSED AND REMANDED with directions. MOORE, J., and RIVKIND, LEONARD, Associate Judge, concur. . Jacobs v. State, 327 So. 2d 896 (Fla. 3rd DCA 1976); McDonald v. State, 321 So. 2d 453 (Fla. 4th DCA 1975); Weech v. State, 309 So. 2d 246 (Fla. 4th DCA 1975), and Miller v. State, 305 So. 2d 826 (Fla. 4th DCA 1975). . Sibron v. New York, 392 U.S. 40, 88 S.Ct. 1889, 20 L.Ed.2d 917 (1968).…
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Laremore v. State, 408 So. 2d 817 (Fla. 3d DCA 1982)…emphasis added). The trial court failed to afford appellant an opportunity to present evidence of mitigating circumstances. McDonald v. State, 321 So. 2d 453 (Fla. 4th DCA 1975); Krathen v. State, 310 So. 2d 381 (Fla. 4th DCA 1975); Weech v. State, 309 So. 2d 246 (Fla. 4th DCA 1975); Speller v. State, 305 So. 2d 231 (Fla. 2d DCA 1974); Moore v. State, 245 So. 2d 880 (Fla. 2d DCA 1971); Fla.R.Crim.P. 3.830.1 We therefore reverse and [*819] remand for further proceedings consistent with this opinion. Appellan…