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PEREZ v. STATE

No. 91-1797.

590 So.2d 1138 (1992)

Hector PEREZ, a/K/a Roberto Solarno, Appellant, v. The STATE of Florida, Appellee.

District Court of Appeal of Florida, Third District.

January 14, 1992.

Attorney(s) appearing for the Case

Bennett H. Brummer, Public Defender, and Carol J.Y. Wilson, Asst. Public Defender, for appellant.

Robert A. Butterworth, Atty. Gen., and Avi J. Litwin, Asst. Atty. Gen., for appellee.

Before HUBBART, FERGUSON and GERSTEN, JJ.

PER CURIAM.

Upon the State's confession of error, which we accept as well taken, we reverse the final judgment and sentence for contempt. It is undisputed that the alleged use of an alias in violation of a condition of probation occurred outside the presence of the court and, therefore, constituted indirect contempt. Pugliese v. Pugliese, 347 So.2d 422 (Fla. 1977). The defendant was therefore entitled to the procedural rights...

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