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CUNNINGHAM v. STATE

No. 76-2136.

349 So.2d 702 (1977)

F. Malcolm CUNNINGHAM, Appellant, v. STATE of Florida, Appellee.

District Court of Appeal of Florida, Fourth District.

August 16, 1977.

Attorney(s) appearing for the Case

William C. Owen, Jr., Cone, Owen, Nugent, Johnson & McKeown, Tequesta, and T.J. Cunningham, Cunningham & Cunningham, West Palm Beach, for appellant.

Robert H. Shevin, Atty. Gen., Tallahassee, and Paul H. Zacks, Asst. Atty. Gen., West Palm Beach, for appellee.

Harold Long, Jr., Miami, and Sonja P. Mathews, Perrine, the Florida Chapter of the National Bar Association, as amicus curiae.

ANSTEAD, Judge.

This is the second appearance of this case in this court, the first resulting in the affirmance of the conviction of the appellant, F. Malcolm Cunningham, a lawyer, for indirect criminal contempt.1 This is an appeal from the sentence imposed for that conviction.

On May 5, 1975, Cunningham was tried and found guilty by the court without a jury. The trial court deferred pronouncement of sentence and ordered a presentence...

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