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JOHNSON v. STATE

No. 5D05-2001.

906 So.2d 361 (2005)

Richard JOHNSON, Petitioner, v. STATE of Florida, Respondent.

District Court of Appeal of Florida, Fifth District.

July 15, 2005.

Attorney(s) appearing for the Case

Howard H. Babb, Jr., Public Defender, Tavares, and William A. Miller, Assistant Public Defender, Ocala, for Petitioner.

Charles J. Crist, Jr., Attorney General, Tallahassee, and Timothy D. Wilson, Assistant Attorney General, Daytona Beach, for Respondent.

PER CURIAM.

Based in part upon this court's recent decision in Hutcheson v. State, 903 So.2d 1060 (Fla. 5th DCA 2005), we grant the petition for writ of habeas corpus. As in Hutcheson, defendant Richard Johnson challenges an order finding him in direct criminal contempt of court based on testimony he gave during a probation revocation hearing. Although proper procedures were more closely adhered to this time, making...

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