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STATE v. WEBER

No. 84-646.

466 So.2d 345 (1985)

The STATE of Florida, Petitioner, v. Charles WEBER, Respondent.

District Court of Appeal of Florida, Third District.

Rehearing Denied April 15, 1985.

Attorney(s) appearing for the Case

Jim Smith, Atty. Gen., and Calianne P. Lantz, Asst. Atty. Gen., for petitioner.

Kenneth L. Marvin, Coral Gables, for respondent.

Before HUBBART, BASKIN and JORGENSON, JJ.

PER CURIAM.

The State of Florida seeks review of a trial court order holding inadmissible the testimony of the state's chief witness from Weber's former trial. We conclude that the trial court correctly prevented the use of the former testimony for the following reasons.

Previously, this court held in Weber v. State, 438 So.2d 982 (Fla. 3d DCA 1983), that the failure of the trial court to conduct a formal competency...

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