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STATE v. PELLICCIO

No. 80-227.

388 So.2d 19 (1980)

STATE of Florida, Petitioner, v. Francesco Henry PELLICCIO, a/k/a Frank Hialeah, Respondent.

District Court of Appeal of Florida, Fourth District.

September 10, 1980.

Attorney(s) appearing for the Case

Jim Smith, Atty. Gen., Tallahassee, and Joy B. Shearer, Asst. Atty. Gen., West Palm Beach, for petitioner.

Vincent J. Flynn of Flynn, Rubio & Tarkoff, and Gerald J. Tobin, Miami, for respondent.

PER CURIAM.

The State has filed a petition for writ of certiorari to review the trial court's pre-trial order excluding the State's essential witness from testifying in the trial of this loansharking case.

The witness was deposed on two different days, once for two hours and again for several hours. During the deposition he refused, on his own, to answer any questions about certain individuals. In addition, the assistant state attorney instructed him not to...

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