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STATE v. MITCHELL

No. 83-1287.

445 So.2d 405 (1984)

STATE of Florida, Petitioner, v. Connie Lou MITCHELL, Respondent.

District Court of Appeal of Florida, Fifth District.

February 16, 1984.

Attorney(s) appearing for the Case

Jim Smith, Atty. Gen., Tallahassee, and Kenneth McLaughlin, Asst. Atty. Gen., Daytona Beach, for petitioner.

Linda Gloeckner of Edward R. Kirkland, P.A., Orlando, for respondent.

PER CURIAM.

In the exercise of our discretionary certiorari right of review1 we treat the State's notice of appeal in this case as a petition for writ of certiorari.2

We find that the trial court departed from the essential requirements of law when it excluded from evidence the identification testimony of the State's only two eyewitnesses by ruling as a matter of law on the facts of this case that their...

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