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BRISENO v. STATE

No. 82-1571.

449 So.2d 312 (1984)

Paul BRISENO and Danny Briseno, Appellants, v. STATE of Florida, Appellee.

District Court of Appeal of Florida, Fifth District.

Rehearing Denied May 4, 1984.

Attorney(s) appearing for the Case

Carl Jackson Moore, Palatka, and Robert Augustus Harper, Jr., Tallahassee, for appellants.

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

COWART, Judge.

The trial court prohibited appellant Paul Briseno from calling his daughter Vicky as an alibi witness because, while she was listed as a witness under Florida Rule of Criminal Procedure 3.220, the State had not been notified under the notice of alibi rule, Florida Rule of Criminal Procedure 3.200. In Bradford v. State, 278 So.2d 624 (Fla. 1973), the supreme court stated that whether it is the State that fails...

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