RHODES v. STATE

No. 74-297.

301 So.2d 132 (1974)

Alan F. RHODES, Appellant, v. The STATE of Florida, Appellee.

District Court of Appeal of Florida, Third District.

October 8, 1974.


Attorney(s) appearing for the Case

Ullman, Kimler & Entin, Miami, for appellant.

Robert L. Shevin, Atty. Gen., and Linda C. Hertz, Asst. Atty. Gen., and Elliott H. Scherker, Legal Intern, for appellee.

Before HENDRY, HAVERFIELD and NATHAN, JJ.


PER CURIAM.

Defendant-appellant was informed against, tried by jury, found guilty and sentenced to five years in the state penitentiary for (1) being an accessory after the fact, and (2) possession of burglary tools.

Defendant-appellant first contends that the trial court erred in denying defense's motion for a new trial based upon the fact that Ms. Brown, a prosecution witness at the trial, had changed her testimony after the date of her deposition.

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