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FREEMAN v. STATE

No. 2D00-2943.

804 So.2d 484 (2001)

Malachi FREEMAN, Appellant, v. STATE of Florida, Appellee.

District Court of Appeal of Florida, Second District.

Rehearing Denied January 11, 2002.

Attorney(s) appearing for the Case

James Marion Moorman, Public Defender, and Allyn M. Giambalvo, Assistant Public Defender, Bartow, for Appellant.

Robert A. Butterworth, Attorney General, Tallahassee, and Wendy Buffington, Assistant Attorney General, Tampa, for Appellee.

SALCINES, Judge.

Malachi Freeman appeals an order finding him guilty of indirect criminal contempt for failing to appear in response to a subpoena. The clerk of the circuit court certified that a transcript of a hearing, which took place on April 14, 2000, does not exist. Criminal proceedings must be reported. Fla. R. Jud. Admin. 2.070(g). Because a record of this hearing cannot be provided through no fault of the defendant, and this missing record is necessary for...

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