ALI v. STATE

No. 76-1395.

352 So.2d 546 (1977)

Omar Upman ALI, Appellant, v. The STATE of Florida, Appellee.

District Court of Appeal of Florida, Third District.

November 29, 1977.


Attorney(s) appearing for the Case

Bennett H. Brummer, Public Defender, and Elliot H. Scherker, Asst. Public Defender, for appellant.

Robert L. Shevin, Atty. Gen., and Ira N. Loewy, Asst. Atty. Gen., for appellee.

Before HAVERFIELD, NATHAN and KEHOE, JJ.


HAVERFIELD, Judge.

Omar Upman Ali appeals his conviction for criminal mischief (as a lesser included offense of arson for which he was informed against) and first urges as reversible error the failure of the trial court to exclude a key prosecution witness with whom the prosecution conferred in the presence of another witness after the sequestration rule had been invoked.

Prior to voir dire, defense counsel had invoked the witness sequestration. At a subsequent...

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