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TAYLOR v. STATE

No. 83-2417.

472 So.2d 814 (1985)

John Edward TAYLOR, Appellant, v. The STATE of Florida, Appellee.

District Court of Appeal of Florida, Third District.

Rehearing Denied August 1, 1985.

Attorney(s) appearing for the Case

Bennett H. Brummer, Public Defender, and Lewis S. Kimler and Joseph Villacci, Sunrise, Sp. Asst. Public Defenders, for appellant.

Jim Smith, Atty. Gen., and G. Bart Billbrough, Asst. Atty. Gen., for appellee.

Before HENDRY, HUBBART and FERGUSON, JJ.

FERGUSON, Judge.

Appellant claims that the trial court abused its discretion in denying his request to be tried after a severed co-defendant,1 where the co-defendant agreed to give testimony exculpatory as to appellant if the State tried him first.

Appellant's co-defendant, in a first-degree murder case, stated by sworn affidavit:

1. My name is Jesus Ortiz and I am a co-defendant with John Taylor in the above numbered...

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