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WILLINSKY v. STATE

No. 75-942.

328 So.2d 536 (1976)

Harvey Robert WILLINSKY, Appellant, v. The STATE of Florida, Appellee.

District Court of Appeal of Florida, Third District.

Rehearing Denied April 1, 1976.

Attorney(s) appearing for the Case

Philip Carlton, Jr., and Ronald C. Dresnick, Miami, for appellant.

Robert L. Shevin, Atty. Gen., and Margarita G. Esquiroz, Asst. Atty. Gen., for appellee.

Before PEARSON and NATHAN, JJ., and CHARLES CARROLL (Ret.), Associate Judge.

PER CURIAM.

The appellant was found guilty by a jury of the sale or delivery of a controlled substance, cocaine. The point of this appeal is the alleged error of the trial court in allowing the following question and answer during cross-examination:

"Q. Mr. Willinsky, you never told anybody at the preliminary hearing this story, did you? "A. I never had a chance to testify in my preliminary hearing, but...

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