Weech v. State, 73-1080
Decision Date | 07 March 1975 |
Docket Number | No. 73-1080,73-1080 |
Citation | 309 So.2d 246 |
Parties | Judith S. WEECH, Appellant, v. STATE of Florida, Appellee. |
Court | Florida District Court of Appeals |
Emmett A. Moran, Altamonte Springs, for appellant.
Robert L. Shevin, Atty. Gen., Tallahassee, and Anthony J. Golden, Asst. Atty. Gen., West Palm Beach, for appellee.
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.
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...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......
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...concur. 1 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).2 Sibron v. New York, 392 U.S. 40, 88 S.Ct. 1889, 20 L.Ed.2d 917 ...
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...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 there......