Florida District Courts of Appeal, 2003

Wesley v. State

Wesley v. State
Florida District Courts of Appeal · Decided July 11, 2003 · Allen, Barfield, Booth
849 So. 2d 426; 2003 Fla. App. LEXIS 10373; 2003 WL 21554485 (Southern Reporter, Second Series)

Wesley v. State

Opinion of the Court

BARFIELD, J.

The state concedes that the contempt proceedings below did not comply with the due process provisions incorporated in Florida Rule of Criminal Procedure 3.840, and that this constituted fundamental error. The appellant’s argument that the adjudication of contempt was not supported by the record evidence was not preserved for appellate review. The judgment and sentence are REVERSED and the case is REMANDED to the trial court for further proceedings consistent with rule 3.840, see Paletti v. State, 727 So.2d 291 (Fla. 1st DCA 1999); Hunt v. State, 659 So.2d 363 (Fla. 1st DCA 1995).

BOOTH and ALLEN, JJ., concur.

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