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WARREN v. STATE

No. 82-504.

421 So.2d 808 (1982)

James WARREN, Appellant, v. The STATE of Florida, Appellee.

District Court of Appeal of Florida, Third District.

November 16, 1982.

Attorney(s) appearing for the Case

Bennett H. Brummer, Public Defender, and Bruce A. Rosenthal, Asst. Public Defender, for appellant.

Jim Smith, Atty. Gen., and Steven R. Jacob, Asst. Atty. Gen., for appellee.

Before BARKDULL, NESBITT and JORGENSON, JJ.

PER CURIAM.

The State concedes that it was error for the trial court to deny the defendant an opportunity to present lay testimony on the issue of his sanity at the time of the alleged violation of probation. Butler v. State, 261 So.2d 508 (Fla. 1st DCA 1972). The State's argument that a proffer of the testimony is required is without merit. Brown v. State, 362 So.2d 437 (Fla. 4th...

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