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SRAMEK v. STATE

No. 2D05-4037.

946 So.2d 1235 (2007)

Michael SRAMEK, Appellant, v. STATE of Florida, Appellee.

District Court of Appeal of Florida, Second District.

January 17, 2007.

Attorney(s) appearing for the Case

James Marion Moorman, Public Defender, and Cynthia J. Dodge, Assistant Public Defender, Bartow, for Appellant.

Bill McCollum, Attorney General, Tallahassee, and Jonathan P. Hurley, Assistant Attorney General, Tampa, for Appellee.

NORTHCUTT, Judge.

The circuit court convicted Michael Sramek of indirect criminal contempt. We reverse because the order to show cause was not based on a proper affidavit.

The prosecution of indirect criminal contempt is governed by Florida Rule of Criminal Procedure 3.840. Florida courts have held that failure to strictly follow the dictates of that rule is fundamental error. See Cone v. Gillson, 861 So.2d 1210 ...

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