Florida District Courts of Appeal, 1998

Roberts v. Milner

Roberts v. Milner
Florida District Courts of Appeal · Decided May 28, 1998 · Benton, Booth, Padovano
709 So. 2d 209; 1998 Fla. App. LEXIS 6445; 1998 WL 268417 (Southern Reporter, Second Series)

Roberts v. Milner

Opinion of the Court

PER CURIAM.

By petition for writ of habeas corpus, James Byron Roberts challenges an order of the trial court finding him in indirect criminal contempt and imposing sentence. Petitioner as well seeks a belated appeal of the contempt order. Upon the state’s proper confession of error, we grant the petition for writ of habeas corpus, quash the order of contempt, and direct petitioner’s immediate release from custody. This disposition is without prejudice to the institution of proper contempt proceedings in compliance with the applicable procedural requisites. In light of this disposition, the petition for belated appeal is denied as moot.

BOOTH, BENTON and PADOVANO, JJ., concur.

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