Fay v. State

Pursuant to rule 9.315(b), Florida Rules of Appellate Procedure, we summarily reverse the order and sentence of contempt in this case. The state concedes that appellant’s conduct in writing letters to his children in violation of the order of probation was not a direct criminal contempt but could only serve as an indirect contempt. See Deter v. Deter, 353 So.2d 614 (Fla. 4th DCA 1977). Further, the state concedes that its motion for rule to show cause was insufficient as it was neither sworn to nor supported by an affidavit. See Fla. R.Crim.P. 3.840(a)(1). This is fundamental error. Deter v.…