POE v. STATE

No. 82-163.

431 So.2d 266 (1983)

James Bryce POE, Appellant, v. STATE of Florida, Appellee.

District Court of Appeal of Florida, Fifth District.

May 12, 1983.


Attorney(s) appearing for the Case

James B. Gibson, Public Defender, and Theresa K. Edwards, Asst. Public Defender, Daytona Beach, for appellant.

Jim Smith, Atty. Gen., Tallahassee, and Sean Daly, Asst. Atty. Gen., Daytona Beach, for appellee.


DAUKSCH, Judge.

This is an appeal from a judgment and sentence for grand theft. The issue in this case is whether the trial court erred in allowing a rebuttal witness to testify, after ruling the same witness' testimony inadmissible in the state's case-in-chief because of a discovery violation. We hold that it did and reverse.

Contrary to Rule 3.220, Florida Rules of Criminal Procedure, the state failed to provide on its witness list the name of a witness...

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