Diebert v. State

ON REHEARING GRANTED

SWANN, Judge.

Our previous opinion held that a rule to show cause should not issue solely on the basis of “unsworn hearsay statements” made in a tape recording. On petition for rehearing, it was correctly pointed out that this overlooked the decision of the Supreme Court in Baumgartner v. Joughin, 107 Fla. 858, 143 So. 436 (1932). We therefore substitute the following in lieu thereof:

Appellant, Donald Diebert, defendant below, seeks review of a judgment finding him guilty of criminal contempt and a sentence of six months in the County Jail.

The State Attorney filed a…