Opinion
No. 91-00025.
December 20, 1991.
Appeal from the Circuit Court for Manatee County; Scott M. Brownell, Judge.
James Marion Moorman, Public Defender, and Cynthia J. Dodge, Asst. Public Defender, Bartow, for appellant.
Robert A. Butterworth, Atty. Gen., Tallahassee, and Angelica D. Zayas, Asst. Atty. Gen., Miami, for appellee.
We reverse the order of the circuit court adjudicating appellant guilty of indirect criminal contempt and sentencing him to 179 days in jail. As conceded by the state, the trial court failed to follow the requirements of Florida Rule of Criminal Procedure 3.840(a)(1), specifically the requirement that the order to show cause be predicated on a sworn affidavit. Paris v. Paris, 427 So.2d 1080 (Fla. 1st DCA 1983).
SCHOONOVER, C.J., and SCHEB and ALTENBERND, JJ., concur.