STATE v. DeVILLE

No. 71-1030.

258 So.2d 492 (1972)

The STATE of Florida, Appellant, v. Luis Jose DeVILLE, Appellee.

District Court of Appeal of Florida, Third District.

Rehearing Denied March 15, 1972.


Attorney(s) appearing for the Case

Richard E. Gerstein, State Atty., and Milton Robbins, Asst. State Atty., for appellant.

Engel & Halpern, Miami, for appellee.

Before SWANN, C.J., and CHARLES CARROLL and HENDRY, JJ.


PER CURIAM.

The state seeks review of a pretrial order dated September 17, 1971, entered in a criminal prosecution. The order denied the state's motion to vacate a prior oral order of the court, (entered in a proceeding upon an earlier information as to which the state had announced a nolle prosequi), which order excluded the testimony of Juan Vichot, the alleged victim.

The first information in which appellee Luis Jose DeVille was a defendant was dismissed...

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