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HILL v. STATE

No. 75-170.

330 So.2d 487 (1976)

Roger Dean HILL, Appellant, v. STATE of Florida, Appellee.

District Court of Appeal of Florida, Fourth District.

April 15, 1976.

Attorney(s) appearing for the Case

Richard L. Jorandby, Public Defender, and Elliot R. Brooks, Asst. Public Defender, West Palm Beach, for appellant.

Robert L. Shevin, Atty. Gen., Tallahassee, and C. Marie Bernard, Asst. Atty. Gen., West Palm Beach, for appellee.

DOWNEY, Judge.

Appellant was convicted of rape and sentenced to 51 years and 135 days in the State Penitentiary.

Three individuals, including appellant and Carl Allen McDonald, allegedly raped the prosecutrix. The state tried McDonald first, and he was acquitted. Before appellant's trial, the state subpoenaed and interrogated McDonald about the incident in question pursuant to § 914.04 F.S. 1973, thereby granting him use immunity. See

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