BROWN v. STATE

No. 78-1397.

391 So.2d 729 (1980)

Mervin BROWN, Appellant, v. The STATE of Florida, Appellee.

District Court of Appeal of Florida, Third District.

December 23, 1980.


Attorney(s) appearing for the Case

Bennett H. Brummer, Public Defender and Alan R. Dakan, Asst. Public Defender, for appellant.

Jim Smith, Atty. Gen., Susan Minor, Asst. Atty. Gen., and Michael A. Vandetty, Legal Intern, for appellee.

Before BARKDULL, BASKIN and DANIEL S. PEARSON, JJ.


DANIEL S. PEARSON, Judge.

Mervin Brown contends that we should overturn his robbery conviction because the trial court allowed the State to prove in its case in chief that Brown was not, as he had stated in a voluntary post-arrest interview, employed by a certain concern on the date of the robbery. He flatly tells us that where the State elicits from its own witness the defendant's alibi, the State may not impeach that alibi unless and until the defendant adopts it...

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