PENDLEY v. STATE

No. UU-431.

392 So.2d 321 (1980)

Fred C. PENDLEY, Appellant, v. STATE of Florida, Appellee.

District Court of Appeal of Florida, First District.

Rehearing Denied February 3, 1981.


Attorney(s) appearing for the Case

Michael J. Minerva, Public Defender, and Nancy A. Daniels, Asst. Public Defender, for appellant.

Jim Smith, Atty. Gen., and Miguel A. Olivella, Asst. Atty. Gen., for appellee.


PER CURIAM.

Appellant appeals a judgment and sentence finding him guilty of direct criminal contempt. Appellant contends that his refusal to testify was, if anything, indirect criminal contempt, and that therefore he was entitled to prior notice, a reasonable opportunity to prepare a defense, and representation of counsel before being found guilty of any contempt offense. We agree and reverse.

Appellant was subpoenaed as a witness before a grand jury to give...

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