Menut v. State

HERSEY, Judge.

Theodore Menut, convicted of murder, appealed and while that appeal was pending here he was twice called to testify in trials against one Christopher Clugston. On each occasion he invoked his Fifth Amendment privilege, was granted immunity, refused to testify and was held in contempt. The two judgments of contempt are the subject of this consolidated appeal.

Appellant argues first that the immunity defined in Section 914.04, Florida Statutes (Supp.1982), is not coextensive with the scope of the Fifth Amendment because it does not provide derivative use immunity. “[Ijmmunity from…