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POITIER v. SPEARS

No. 3D00-150.

750 So.2d 767 (2000)

James POITIER, Petitioner, v. Lois SPEARS, Director Dade County Department of Corrections, and The State of Florida, Respondents.

District Court of Appeal of Florida, Third District.

February 9, 2000.

Attorney(s) appearing for the Case

Bennett H. Brummer, Public Defender, and Lisa Walsh, Assistant Public Defender, for Petitioner.

Robert A. Butterworth, Attorney General, and Thomas C. Mielke, Assistant Attorney General, for respondents.

Before GERSTEN, SHEVIN, and SORONDO, JJ.

PER CURIAM.

The petition for habeas corpus is granted and the petitioner is ordered released from incarceration. Florida Rule of Criminal Procedure 3.830 governs direct criminal contempt proceedings and requires "scrupulous compliance ... because its provisions constitute the essence of due process." Peters v. State, 626 So.2d 1048 (Fla. 4th DCA 1993); see Cook v. State, 636 So.2d 895

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