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FISHER v. STATE

No. 93-1683.

638 So.2d 196 (1994)

David R. FISHER, Appellant, v. STATE of Florida, Appellee.

District Court of Appeal of Florida, Fifth District.

June 17, 1994.

Attorney(s) appearing for the Case

Howard H. Babb, Jr., Public Defender, and Tania Alavi, Asst. Public Defender, Ocala, for appellant.

Robert A. Butterworth, Atty. Gen., Tallahassee, and Mark S. Dunn, Asst. Atty. Gen., Daytona Beach, for appellee.

PER CURIAM.

Based on the state's concession of error in this case, we reverse the judgment holding Fisher in direct criminal contempt. The state agreed the trial judge failed to comply with Florida Rule of Criminal Procedure 3.830 specifically because it failed to include in its judgment "a recital of those facts on which adjudication of guilt is based prior to the adjudication of guilt ...", which is mandated by the rule...

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