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JOHNSON v. STATE

No. 96-2622.

697 So.2d 995 (1997)

W.A. JOHNSON, Appellant, v. STATE of Florida, Appellee.

District Court of Appeal of Florida, Fifth District.

August 8, 1997.

Attorney(s) appearing for the Case

Peter M. Walsh of Marino & Walsh, St. Petersburg, for Appellant.

Robert A. Butterworth, Attorney General, Tallahassee, and Steven J. Guardiano, Senior Assistant Attorney General, Daytona Beach, for Appellee.

GOSHORN, Judge.

W.A. Johnson, a probation officer employed at Apalachee Correctional Institution in Sneads, Jackson County, appeals the order finding him in contempt of court for failing to respond to a witness subpoena. We reverse.

Johnson was subpoenaed to testify in the State's case against Sammy Lee. Pursuant to standard procedure, Johnson notified the legal department of the Department of Corrections that he had been subpoenaed. He was advised by attorney...

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