Opinion
No. 99-1156
Opinion filed April 9, 1999 JANUARY TERM 1999
Appeal from the Circuit Court for the Seventeenth Judicial Circuit, Broward County; Richard Eade, Judge; L.T. Case No. 96-11008(42).
Alan H. Schreiber, Public Defender, and Donald J. Cannarozzi, Assistant Public Defender, Ft. Lauderdale, for appellant.
Robert A. Butterworth, Attorney General, Tallahassee, and Don M. Rogers, Assistant Attorney General, West Palm Beach, for appellee.
We sua sponte treat the petition for writ of habeas corpus as an appeal from the trial court's adjudication and sentence of criminal contempt. We reverse and remand because the due process rights provided in Florida Rule of Criminal Procedure 3.840 for criminal contempt were not followed. Baker v. Green, 1999 WL 174185 (Fla. 4th DCA March 31, 1999); Haynes v. State, 695 So.2d 371 (Fla. 4th DCA 1997).
Accordingly, we reverse and remand for proceedings consistent with this opinion.
The clerk is directed to issue the mandate concurrently with this opinion.
STONE, C.J., GUNTHER and HAZOURI, JJ., concur.