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NOVO v. SCOTT

No. 83-1948.

438 So.2d 477 (1983)

Roger NOVO, Petitioner, v. The Honorable Thomas E. SCOTT, Judge, Circuit Court, Eleventh Judicial Circuit, Respondent.

District Court of Appeal of Florida, Third District.

September 26, 1983.

Attorney(s) appearing for the Case

Black & Furci and Frank Furci, Miami, for petitioner.

Jim Smith, Atty. Gen. and Carolyn Snurkowski, Asst. Atty. Gen., Janet Reno, State Atty., and Ira N. Loewy, Asst. State Atty., for respondent.

Before BARKDULL, NESBITT and JORGENSON, JJ.

PER CURIAM.

The petitioner was subpoenaed to testify in a criminal investigation and invoked his fifth amendment privilege against self-incrimination. In response, the assistant state attorney advised Mr. Novo that he would extend immunity pursuant to section 914.04, Florida Statutes (Supp. 1982). Despite this offer, the petitioner refused to answer on the ground that the Florida Immunity Statute is unconstitutional for...

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