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WITMER v. STATE

No. VV-320.

394 So.2d 1096 (1981)

Joel Robert WITMER, Appellant, v. STATE of Florida, Appellee.

District Court of Appeal of Florida, First District.

March 10, 1981.

Attorney(s) appearing for the Case

Stephen L. Gorman, of Gorman & Matthew, Tallahassee, for appellant.

Jim Smith, Atty. Gen., and David P. Gauldin, Asst. Atty. Gen., Tallahassee, for appellee.

LILES, WOODIE A. (Retired), Associate Judge.

This is an appeal from a conviction for extortion. We reverse because the trial court erred by allowing the State to call a rebuttal witness, who was not listed in discovery pursuant to Florida Rule of Criminal Procedure 3.220, without conducting an appropriate inquiry into the circumstances surrounding the State's noncompliance. The record clearly reveals that the State failed to list its rebuttal witness. It also reveals...

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