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PEREZ v. STATE

No. 83-2336.

474 So.2d 398 (1985)

Antonio Tony PEREZ, Appellant, v. The STATE of Florida, Appellee.

District Court of Appeal of Florida, Third District.

August 20, 1985.

Attorney(s) appearing for the Case

Bennett H. Brummer, Public Defender and Alan M. Sorota, Sp. Asst. Public Defender, for appellant.

Jim Smith, Atty. Gen. and Michael J. Neimand, Asst. Atty. Gen., for appellee.

Before SCHWARTZ, C.J., and NESBITT and DANIEL S. PEARSON, JJ.

DANIEL S. PEARSON, Judge.

In the case before us, the trial court erred when it sanctioned the State's listing of the defendant's attorney as a witness, notwithstanding that the attorney's testimony was both unnecessary to the State's case and obtainable from other sources. Because this error in turn compelled the withdrawal of the defendant's attorney and forced the defendant to accede to — indeed request — a continuance of the trial beyond the time...

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