JAMES v. STATE

No. 79-11/T4-352.

400 So.2d 571 (1980)

Richard Sylvester JAMES, Appellant, v. STATE of Florida, Appellee.

Fifth District Court of Appeal of Florida, Fifth District.

October 22, 1980.


Attorney(s) appearing for the Case

Bill McCabe of Shepherd, McCabe & Cooley, Orlando, for appellant.

Jim Smith, Atty. Gen., Tallahassee, and Gregory C. Smith, Asst. Atty. Gen., Daytona Beach, for appellee.


ORFINGER, Judge.

James appeals his conviction for burglary of a dwelling, attempted sexual battery with great force, and robbery. His principal attack is to the admission into evidence of a discovery deposition of the victim who died after the deposition was taken, but prior to trial.

Appellant contends that the use of the deposition at trial violates his Sixth Amendment rights of confrontation and cross-examination...

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