Harris v. State, 98-2293

• Decision Date: 23 July 1998
• Docket Number: No. 98-2293,98-2293
• Citation: 712 So.2d 483
• Parties: 23 Fla. L. Weekly D1729 Richard B. HARRIS, Appellant, v. STATE of Florida, Appellee.
• Court: Florida District Court of Appeals

Page 483

712 So.2d 483

23 Fla. L. Weekly D1729

Richard B. HARRIS, Appellant, v. STATE of Florida, Appellee.

No. 98-2293.

District Court of Appeal of Florida, First District.

July 23, 1998.

An appeal from an order of the Circuit Court for Baker County; Martha Ann Lott, Judge.

William J. Sheppard, and Richard W. Smith, of Sheppard & White, Jacksonville, for appellant.

Robert A. Butterworth, Attorney General, and Kristina White, Assistant Attorney General, Tallahassee, for appellee State of Florida.

Hugh Fish, MacClenny, for appellee Vickie V. Harris.

PER CURIAM.

Richard B. Harris appeals an order finding him in criminal contempt for violating an injunction for protection against domestic violence. He argues, among other things, that he is entitled to relief because no transcript can be produced from the tape recording of the hearing which resulted in the order on appeal. Appellee properly concedes error. Chamberlain v. Chamberlain, 588 So.2d 20, 23 (Fla. 1st DCA 1991). Accordingly, we reverse and remand with directions to immediately release appellant from incarceration.

No motion for rehearing or reconsideration will be entertained. The clerk of this court is directed to issue mandate forthwith.

BARFIELD, C.J., WOLF, J., and SHIVERS, DOUGLASS B., Senior Judge, concur.