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Fisher v. State

District Court of Appeal of Florida, Fifth District
Jun 17, 1994
638 So. 2d 196 (Fla. Dist. Ct. App. 1994)

Opinion

No. 93-1683.

June 17, 1994.

Appeal from the Circuit Court for Marion County; Jack Singbush, Judge.

Howard H. Babb, Jr., Public Defender, and Tania Alavi, Asst. Public Defender, Ocala, for appellant.

Robert A. Butterworth, Atty. Gen., Tallahassee, and Mark S. Dunn, Asst. Atty. Gen., Daytona Beach, for appellee.


Based on the state's concession of error in this case, we reverse the judgment holding Fisher in direct criminal contempt. The state agreed the trial judge failed to comply with Florida Rule of Criminal Procedure 3.830 specifically because it failed to include in its judgment "a recital of those facts on which adjudication of guilt is based prior to the adjudication of guilt . . .", which is mandated by the rule.

REVERSED and REMANDED.

W. SHARP, GRIFFIN, and THOMPSON, JJ., concur.


Summaries of

Fisher v. State

District Court of Appeal of Florida, Fifth District
Jun 17, 1994
638 So. 2d 196 (Fla. Dist. Ct. App. 1994)
Case details for

Fisher v. State

Case Details

Full title:DAVID R. FISHER, APPELLANT, v. STATE OF FLORIDA, APPELLEE

Court:District Court of Appeal of Florida, Fifth District

Date published: Jun 17, 1994

Citations

638 So. 2d 196 (Fla. Dist. Ct. App. 1994)

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