LEO TOBY v. STATE OF FLORIDA

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IN THE DISTRICT COURT OF APPEAL FIRST DISTRICT, STATE OF FLORIDA LEO TOBY, Appellant, NOT FINAL UNTIL TIME EXPIRES TO FILE MOTION FOR REHEARING AND DISPOSITION THEREOF IF FILED v. CASE NO. 1D05-3926 STATE OF FLORIDA, Appellee. ___________________________/ Opinion filed December 22, 2005. An appeal from the Circuit Court for Duval County. Henry E. Davis, Judge. Bill White, Public Defender; Ward L. Metzger, Assistant Public Defender; Jacksonville, for Appellant. Charlie Crist, Attorney General; Thomas D. Winokur, Assistant Attorney General, Tallahassee, for Appellee. PER CURIAM. The lower court found appellant guilty of direct criminal contempt without first affording appellant an opportunity to present excusing or mitigating circumstances, as is required by Florida Rule of Criminal Procedure 3.830. Because the trial court did not strictly comply with the provisions of Rule 3.830, we reverse without prejudice to the institution of proper contempt proceedings. See Garrett v. State, 876 So. 2d 24, 25-26 (Fla. 1st DCA 2004). ERVIN, DAVIS and LEWIS, JJ., CONCUR. 2

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