Translate
Text Highlighter

Bookmark

PDF

Share

Report a problem
AMICUS AI
Citation Codes
Equivalent Citations
citation codes
Docket Number
Attorney(S)
Judges
Are you a practicing lawyer?
Enhance your digital presence and reach by creating a Casemine profile.
Upload pleading to use the new AI search
Cites
Cited by
Citation Codes
Equivalent Citations
citation codes
Docket Number
Attorney(S)
Judges

RICHARD NEWTON HILL, JR., APPELLANT, v. STATE OF FLORIDA, APPELLEE.

PER CURIAM.

The appellant challenges orders which (1) found him guilty of indirect criminal contempt for violating an injunction for protection against domestic violence; and (2) found him guilty of violating probation previously imposed upon him by a prior adjudication of indirect criminal contempt for violating the same injunction. The appellant was placed on a new probation of six months for the violation of probation, to be followed consecutively by a probation term of one year on the new contempt-of-court charge. We reverse.

The order to show cause in this case contained the same defect which this court found reversible in Giles v. Renew, 639 So.2d 701 (Fla. 2d DCA 1994). As in Giles, the order to show cause in this case failed to set out any facts. Florida Rule of Criminal Procedure 3.840 requires the order to show cause to state "the essential facts constituting the criminal contempt charge." As we pointed out in Giles, failure to comply with rule 3.840 constitutes fundamental error.

DANAHY, A.C.J., and PARKER and ALTENBERND, JJ., concur.

Use AI to get other relevant cases.

Comments

HILL v. STATE
(Oct 14, 1994)