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CHARLEMAGNE v. GUEVARA

No. 3D15-2893.

184 So.3d 553 (2015)

Jean-Elie CHARLEMAGNE, Petitioner, v. Marydell GUEVARA, Interim Director, Miami-Dade County Corrections, and the State of Florida, Respondents.

District Court of Appeal of Florida, Third District.

December 23, 2015.

Attorney(s) appearing for the Case

Carlos J. Martinez , Public Defender, and Jeffrey Paul DeSousa , Assistant Public Defender, for petitioner.

Pamela Jo Bondi , Attorney General, and Jacob Addicott , Assistant Attorney General, for respondents.

Before SUAREZ, C.J., and SALTER and EMAS, JJ.

Based upon the State's proper confession of error that the trial court failed to follow the procedures of Fla. R. Crim. P. 3.840 in holding the defendant in contempt, we grant the Petition for Habeas Corpus and vacate the contempt order entered below and direct that the defendant be immediately released. This order is without prejudice...

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