STATE v. ELLIS

No. 85-1964.

491 So.2d 1296 (1986)

The STATE of Florida, Appellant, v. Charles Lamont ELLIS, Appellee.

District Court of Appeal of Florida, Third District.

August 5, 1986.


Attorney(s) appearing for the Case

Janet Reno, State Atty., and Paul Mendelson, Asst. State Atty., Jim Smith, Atty. Gen., and Charles M. Fahlbusch, Asst. Atty. Gen., for appellant.

Irv J. Lamel, Coral Gables, for appellee.

Before SCHWARTZ, C.J., and NESBITT and FERGUSON, JJ.


NESBITT, Judge.

The state contends that the trial court abused its discretion by refusing to reopen a suppression hearing to admit crucial evidence. We agree and reverse the order under review.

We are persuaded, by the state, that the testimony sought to be admitted would have impacted upon the decision of the trial court and was crucial to the state's argument. Nonetheless, the trial court refused to reopen the case for the admission of this testimony. This...

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