MARTINEZ v. STATE

No. 2D00-1158.

799 So.2d 313 (2001)

George MARTINEZ, Appellant, v. STATE of Florida, Appellee.

District Court of Appeal of Florida, Second District.

October 5, 2001.


Attorney(s) appearing for the Case

James Marion Moorman, Public Defender, and A. Victoria Wiggins, Assistant Public Defender, Bartow, for Appellant.

Robert A. Butterworth, Attorney General, Tallahassee, and Ann Pfeiffer Howe, Assistant Attorney General, Tampa, for Appellee.


FULMER, Acting Chief Judge.

George Martinez appeals from an order holding him in direct criminal contempt for failing to appear pursuant to a witness subpoena. We reverse because the record lacks any evidentiary basis for the findings of fact underlying the contempt judgment.

The trial court's "Judgment of Direct Criminal Contempt" recites the following facts:

Defendant was a witness to the matter of the State [of] Florida v. Jose Santiago,

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