STATE v. JACKSON

No. 83-674.

436 So.2d 985 (1983)

The STATE of Florida, Petitioner, v. Mark JACKSON, Respondent.

District Court of Appeal of Florida, Third District.

Rehearing Denied September 21, 1983.


Attorney(s) appearing for the Case

Jim Smith, Atty. Gen., and Penny Hershoff Brill, Asst. Atty. Gen., for petitioner.

Smoley & Grate and Joseph H. Weil, Miami, for respondent.

Before HENDRY, HUBBART and JORGENSON, JJ.


PER CURIAM.

The respondent is charged with armed robbery and possession of a firearm during the commission of a felony.

During preparation for a second trial of respondent (a prior trial had resulted in a conviction and reversal on appeal), counsel for respondent served Loula Kyles with a subpoena for deposition. She failed to appear at the designated time, whereupon the trial court ordered the state to produce the witness. The state failed to produce the...

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