Sramek v. State

NORTHCUTT, Judge.

The circuit court convicted Michael Sra-mek of indirect criminal contempt. We reverse because the order to show cause was not based on a proper affidavit.

The prosecution of indirect criminal contempt is governed by Florida Rule of Criminal Procedure 3.840. Florida courts have held that failure to strictly follow the dictates of that rule is fundamental error. See Cone v. Gillson, 861 So.2d 1210 (Fla. 2d DCA 2003); Mix v. State, 827 So.2d 397, 399 (Fla. 2d DCA 2002); Hunt v. State, 659 So.2d 363, 364 (Fla. 1st DCA 1995). Moreover, the fact that a defendant has already served…