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VIA v. STATE

No. 92-04305.

633 So.2d 1198 (1994)

James Armstrong VIA, Appellant, v. STATE of Florida, Appellee.

District Court of Appeal of Florida, Second District.

March 25, 1994.

Attorney(s) appearing for the Case

James Marion Moorman, Public Defender, and Kenneth D. Whitfield, Asst. Public Defender, Bartow, for appellant.

Robert A. Butterworth, Atty. Gen., Tallahassee, and Anne Y. Swing, Asst. Atty. Gen., Tampa, for appellee.

BLUE, Judge.

James Armstrong Via appeals an order finding him guilty of indirect criminal contempt. He argues that his conduct did not constitute indirect criminal contempt. We agree and reverse.

On September 2, 1992, Via appeared in Collier County Court and received a jail sentence for an offense unrelated to this appeal. Following sentencing, Via was taken out of the courtroom for return to the Collier County jail. While en route to the jail and in the custody...

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