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LOPEZ v. STATE

No. 77-179.

349 So.2d 1198 (1977)

Rafael LOPEZ, Appellant, v. STATE of Florida, Appellee.

District Court of Appeal of Florida, Second District.

Rehearing Denied September 26, 1977.

Attorney(s) appearing for the Case

Thomas J. Hanlon, Tampa, for appellant.

Robert L. Shevin, Atty. Gen., Tallahassee, and Mary Jo M. Gallay, Asst. Atty. Gen., Tampa, for appellee.

SCHEB, Judge.

Rafael Lopez, also known as Pedro Lovaina Duran, was convicted of aggravated battery and sentenced to fifteen years in prison, with credit for time served prior to sentencing. He appeals, contending the trial court erred in denying his right to elicit testimony from his co-defendant who invoked the Fifth Amendment and declined to testify. We find no reversible error; we affirm.

In October of 1975 appellant...

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