STATE v. McGRAW

No. 84-1734.

474 So.2d 289 (1985)

The STATE of Florida, Appellant, v. R. John McGraw, Appellee.

District Court of Appeal of Florida, Third District.

Rehearing Denied September 10, 1985.


Attorney(s) appearing for the Case

Jim Smith, Atty. Gen. and Richard L. Polin, Asst. Atty. Gen., for appellant.

Phillip M. Gerson, Miami, for appellee.

Before BARKDULL, NESBITT and PEARSON, JJ.


NESBITT, Judge.

The state appeals an order placing McGraw on non-reporting probation for two counts of witness tampering, a third degree felony. McGraw cross-appeals his conviction. We reverse on the appeal and affirm on the cross-appeal.

In 1983, the state charged Harry Phillips with murder. McGraw worked as an investigator for Phillips' attorney and interviewed two witnesses, Watson and Smith, who had heard Phillips make incriminating statements. It is those...

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