Johnson v. State

Based in part upon this court’s recent decision in Hutcheson v. State, 903 So.2d 1060 (Fla. 5th DCA 2005), we grant the petition for writ of habeas corpus. As in Hutcheson, defendant Richard Johnson challenges an order finding him in direct criminal contempt of court based on testimony he gave during a probation revocation hearing. Although proper procedures were more closely adhered to this time, making it a much closer case, we find that the trial court still did not sufficiently comply with Florida Rule of Criminal Procedure 3.830.

While the rule does not require appointed counsel, Johnson…