Opinion
No. 2D15–5410.
12-30-2015
Tony MALOY, Appellant/Petitioner(s), v. Grady C. JUDD, Sheriff, Appellee/Respondent(s).
BY ORDER OF THE COURT.
Because the trial court failed in several respects to comply with Florida Rule of Criminal Procedure 3.840, such as by failing to issue a written order to show cause and to allow the petitioner a reasonable time for preparation of a defense, rule 3.840(a), we grant the petition for writ of habeas corpus and quash the "order holding defendant in direct criminal contempt." See, e.g., Martinez v. State, 976 So.2d 1222, 1223 (Fla. 4th DCA 2008) ("The procedures found in the rules governing criminal contempt must be scrupulously followed."); De Castro v. De Castro, 957 So.2d 1258, 1260 (Fla. 3d DCA 2007) ; Pugliese v. Pugliese, 347 So.2d 422, 426 (Fla.1977) ; McAtee v. State, 899 So.2d 1245, 1245–46 (Fla. 4th DCA 2005). The trial court shall have the petitioner brought before the court immediately and shall effect the immediate release of the petitioner on the contempt proceeding. The trial court shall also readdress the defendant's pretrial release status given that the contempt proceeding resulted in a revocation of bond. This disposition is without prejudice to the institution of proper contempt proceedings in compliance with rule 3.840.
ALTENBERND, SILBERMAN, and LaROSE, JJ., Concur.