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STATE v. BANKS

No. 77-705.

349 So.2d 736 (1977)

The STATE of Florida, Petitioner, v. Alykhan BANKS, Respondent.

District Court of Appeal of Florida, Third District.

August 23, 1977.

Attorney(s) appearing for the Case

Richard E. Gerstein, State Atty., and George Volsky, Asst. State Atty., for petitioner.

Hacker, Phelps & Matters, Miami, for respondent.

Before PEARSON, BARKDULL and HUBBART, JJ.

PEARSON, Judge.

The State of Florida, as petitioner, has brought this petition for writ of certiorari to review an order of the trial court excluding the testimony of a witness who repeatedly failed to appear for discovery deposition. The order stated that "... the defendants' Motion to Preclude is hereby granted only as to Michael Mulligan and it is further ordered that Michael Mulligan may not be presented as a witness in the trial of the above styled cause." The...

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