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BARNES v. STATE

No. 91-0636.

588 So.2d 1076 (1991)

Clifford BARNES, Appellant, v. STATE of Florida, Appellee.

District Court of Appeal of Florida, Fourth District.

November 13, 1991.

Attorney(s) appearing for the Case

Jeffrey H. Garland of Carbia, Kirschner & Garland, P.A., Fort Pierce, for appellant.

Robert A. Butterworth, Atty. Gen., Tallahassee, and Joseph A. Tringali, Asst. Atty. Gen., West Palm Beach, for appellee.

GUNTHER, Judge.

Clifford Barnes (Barnes) appeals the judgment adjudicating him guilty of indirect criminal contempt. We reverse.

Barnes, an assistant Public Defender, was found guilty of indirect criminal contempt by the trial court for wilfully failing to make himself available to participate as co-counsel in a criminal trial. However, Barnes had never appeared in court on the case, had never signed any pleadings in the case, and had never assisted the attorney...

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