Florida District Courts of Appeal, 1996

Swank v. Key West by the Sea Ass'n

Swank v. Key West by the Sea Ass'n
Florida District Courts of Appeal · Decided June 26, 1996 · Goderich, Jorgenson, Schwartz
772 So. 2d 538; 1996 Fla. App. LEXIS 6770; 1996 WL 347123 (Southern Reporter, Second Series)

Swank v. Key West by the Sea Ass'n

Opinion of the Court

CONFESSION OF ERROR

PER CURIAM.

As the State properly concedes, the record reflects that the procedural due process safeguards prescribed by Rule 3.840(a)(l)(7), Florida Rules of Criminal Procedure, were not followed in this case. Specifically, there is no evidence in the record that the trial court issued an order to show cause, and further, that the defendant knowingly and intelligently waived his right to counsel. Faretta v. California, 422 U.S. 806, 95 S.Ct. 2525, 45 L.Ed.2d 562 (1975). Therefore, the trial court’s order is hereby reversed, and the cause is re*539manded for the institution of proper indirect criminal contempt proceedings.

Reversed and remanded with directions.

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