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MARISTANY v. STATE

No. 80-2500.

414 So.2d 206 (1982)

Juan MARISTANY, Appellant, v. The STATE of Florida, Appellee.

District Court of Appeal of Florida, Third District.

Rehearing Denied June 8, 1982.

Attorney(s) appearing for the Case

Pollack, Komorowski & Headley and John Lipinski, Miami, for appellant.

Jim Smith, Atty. Gen., and Alan T. Lipson, Asst. Atty. Gen., for appellee.

Before HUBBART, C.J., and HENDRY and FERGUSON, JJ.

FERGUSON, Judge.

Juan Maristany appeals from a final order of the trial court finding him in criminal contempt and sentencing him to five months and twenty-five days incarceration. We reverse.

Appellant had been convicted on twelve counts of grand theft after a guilty plea. He was sentenced to a year in jail to be followed by a period of probation. While serving the sentence he was subpoenaed to give testimony regarding those same

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