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MILLER v. STATE

No. 79-229.

373 So.2d 377 (1979)

Randy MILLER, Appellant, v. STATE of Florida, Appellee.

District Court of Appeal of Florida, Second District.

Rehearing Denied July 27, 1979.

Attorney(s) appearing for the Case

Jack O. Johnson, Public Defender and Michael S. Becker, Asst. Public Defender, Bartow, for appellant.

Jim Smith, Atty. Gen., Tallahassee and Eula Tuttle Mason, Asst. Atty. Gen., Tampa, for appellee.

RYDER, Judge.

Miller appeals his conviction for burglary of a dwelling, alleging that the trial court erred by not inquiring into his prejudice from the State's nondisclosure of a rebuttal witness during discovery.

Both parties filed witness lists pursuant to the reciprocal discovery provisions of Fla. R.Crim.P. 3.220. The lists disclosed neither appellant's alibi witness nor appellee's rebuttal witness. Appellant's witness list contained no names. The State...

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