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STATE v. WITTE

No. 83-2166.

451 So.2d 950 (1984)

The STATE of Florida, Appellant, v. Mark A. WITTE, Appellee.

District Court of Appeal of Florida, Third District.

June 12, 1984.

Attorney(s) appearing for the Case

Jim Smith, Atty. Gen., and William P. Thomas, Asst. Atty. Gen., for appellant.

Dean & Hartman and Denis Dean, Miami, for appellee.

Before SCHWARTZ, C.J., DANIEL S. PEARSON, J. and M. IGNATIUS LESTER, Associate Judge.

DANIEL S. PEARSON, Judge.

The question in this appeal, one of first impression, is whether a pre-filing conference called by an assistant state attorney is an official proceeding as that term is defined by Section 837.011, Florida Statutes (1981), so as to subject the defendant to a charge of perjury under Section 837.02, Florida Statutes (1981).

Count One of the information charged Witte with perjury in an official proceeding in violation of Section 837.02...

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