414 So. 2d 206 | Fla. Dist. Ct. App. | 1982
Juan Maristany appeals from a final order of the trial court finding him in criminal contempt and sentencing him to five months and twenty-five days incarceration. We reverse.
Appellant had been convicted on twelve counts of grand theft after a guilty plea. He was sentenced to a year in jail to be followed by a period of probation. While serving the sentence he was subpoenaed to give testimony regarding those same
As evident from the record, the trial court considered and rejected Maristany’s assertion of his right against self-inerimination as justification for his refusal to give the information, relying on Murphy v. Waterfront Commission of New York, 378 U.S. 52, 84 S.Ct. 1594, 12 L.Ed.2d 678 (1964).
The trial court erred, however, in applying the rule of Murphy, supra, to this case because Maristany had not been offered immunity by the state. See, e.g., King v. State, 353 So.2d 180 (Fla. 3d DCA 1977). Accord, Libertucci v. State, 395 So.2d 1223, 1225, n.1 (Fla. 3d DCA 1981). Accordingly, the judgment of criminal contempt and the resultant sentence are reversed.
REVERSED.