Toby v. State

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.