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THOMAS v. STATE

No. 1D98-2698.

752 So.2d 679 (2000)

Leo A. THOMAS, Appellant, v. STATE of Florida, Appellee.

District Court of Appeal of Florida, First District.

Rehearing Denied March 17, 2000.

Attorney(s) appearing for the Case

Leo A. Thomas of Levin, Middlebrooks, Thomas, Mitchell, Green, Echsner, Proctor and Papantonio, P.A., Pensacola, for Appellant.

Robert A. Butterworth, Attorney General, Carolyn J. Mosley, Assistant Attorney General, and L. Michael Billmeier, Assistant Attorney General, Tallahassee, for Appellee.

VAN NORTWICK, J.

Leo A. Thomas appeals an order holding him in direct criminal contempt for his comments during closing argument and, as a sanction, imposing a $100 fine. Because Thomas' closing argument, although admittedly unprofessional and unethical, did not either violate a clear order or instructions of the trial court or constitute an act that was facially contemptuous, we are constrained to reverse.

Factual and Procedural History

Thomas...

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