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STATE v. ROJAS

No. 86-1941.

508 So.2d 449 (1987)

The STATE of Florida, Appellant, v. Roberto ROJAS and Jose M. Ortega, Appellees.

District Court of Appeal of Florida, Third District.

Rehearing Denied June 30, 1987.

Attorney(s) appearing for the Case

Robert A. Butterworth, Atty. Gen., and Charles M. Fahlbusch, Asst. Atty. Gen., for appellant.

Raymond J. Takiff, Miami, for appellee Rojas.

Richard Hersch, Coral Gables, for appellee Ortega.

Before DANIEL S. PEARSON, FERGUSON and JORGENSON, JJ.

PER CURIAM.

This is an appeal by the state from an order of the trial court dismissing with prejudice the charges against Roberto Rojas and Jose M. Ortega for cocaine trafficking and possession. We reverse. The trial court erred in dismissing the charges because of the state's failure to produce a witness for deposition.

The state cannot be deemed responsible for its inability to produce a witness where the state learned belatedly of her incarceration in another...

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