After reporting for jury duty, Mr. Plank asked to be dismissed for various reasons. His initial request was denied. He fell asleep during jury questioning and was difficult to awaken. A Breathalyzer test indicated his blood alcohol level was 0.111. The judge convicted him of direct criminal contempt and sentenced him to 30 days in jail. She ordered him released after 15 days. Mr. Plank appealed to the First District Court of Appeal, asserting the judge erred by convicting him and sentencing him to jail without giving him an attorney. The 1st DCA disagreed that he had the right to an attorney for a contempt proceeding and certified conflict with the Second District Court of Appeal.