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447 So. 2d 1048

Docket No. 83-1855.

Kahn v. State

David L. KAHN, Appellant, v. STATE of Florida, Appellee.

District Court of Appeal of Florida · decided 1984-04-11

Cited by 11 later decisions — most recently December 1999

11 state decisions

Relies on Cordero v. State

Good law ✅— No negative treatment on recordhow we know

Decided 1984-04-11

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¶1David L. Kahn, in pro. per.

¶2Jim Smith, Atty. Gen., Tallahassee, and James P. McLane, Asst. Atty. Gen., West Palm Beach, for appellee.

¶3PER CURIAM.

¶4The trial court held appellant, counsel in a civil case, in direct criminal contempt for certain conduct which occurred during trial. The court failed to comply fully with Rule 3.830, Florida Rules of Criminal Procedure, *1049 which requires the court to inform the alleged contemnor of the accusation against him, inquire whether he can show cause why he should not be adjudged guilty of contempt, and give him an opportunity to present evidence of mitigating circumstances. Compliance with these procedural safeguards is mandatory. Holden v. State,380 So.2d 548 (Fla. 2d DCA 1980). We therefore reverse and remand with directions to conduct a hearing in compliance with Rule 3.830.

¶5REVERSED AND REMANDED WITH DIRECTIONS.

¶6DOWNEY, HERSEY and DELL, JJ., concur.

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