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330 So. 2d 547

Potts v. State

District Court of Appeal of Florida · decided 1976-04-23

Cited by 1 later decisions — most recently April 1983

1 state decisions

Relies on 321 So. 2d 453 - McDonald v. State · Miller v. State

Good law ✅— No negative treatment on recordhow we know

Decided 1976-04-23

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PER CURIAM.

¶1Appellant, subpoenaed as a witness in a judicial proceeding, refused to testify, as a result of which the court found appellant to be in direct criminal contempt of the court.

¶2There was no error in holding appellant in contempt of court, as his refusal to testify was without legal justification. There is a technical error in the judgment in that it fails to include a recital of those facts upon which the adjudication of guilt is based, as required by Rule 3.830 RCrP. See, Miller v. State, 305 So.2d 826 (Fla.App. 4th 1975).

¶3The record also discloses a discrepancy between the circuit court minutes which reflect a sentence “at hard labor,” and the sentence orally pronounced in court which properly omitted any reference to hard labor. See, McDonald v. State, 321 So.2d 453 (Fla.App. 4th 1975); Miller v. State, supra.

¶4The judgment is reversed and the cause remanded for the purpose of (1) entering a corrected judgment meeting the requirements of Rule 3.830 RCrP., and (2) correcting the circuit court minutes.

¶5REVERSED and REMANDED.

WALDEN, C. J., and OWEN and MA-GER, JJ., concur.
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