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Berman v. State
253 So. 2d 144
Fla. Dist. Ct. App.
1971
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PER CURIAM.

This is an appeal from a judgment and sentence entered by the trial court for a charged direct criminal contempt. The judgment and sentence must be reversed upon the authority of Moore v. State, Fla.App.1971, 24S So.2d 880. The state attempts to argue that there was a substantial compliance with rule 1.830, Fla. Rules of Criminal Procedure, 33 F.S.A., but the record reveals: (1) a failure to recite in the judgment those facts upon which the adjudication of guilt is based, (2) a failure to inform the defendant prior to adjudication *145of the accusation against him, (3) a failure to inquire as to whether the defendant had any cause to show why he should not be adjudged guilty, (4) a failure to give the defendant an opportunity to present evidence of excusing or mitigating circumstances.

Reversed.

Case Details

Case Name: Berman v. State
Court Name: District Court of Appeal of Florida
Date Published: Oct 12, 1971
Citation: 253 So. 2d 144
Docket Number: No. 71-177
Court Abbreviation: Fla. Dist. Ct. App.
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