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POWELL v. FOXMAN

No. 88-988.

528 So.2d 91 (1988)

Rory POWELL, Petitioner, v. Honorable S. James FOXMAN, Honorable Gayle S. Graziano, As Circuit Judges of Volusia County, Florida, and the State of Florida, Respondents.

District Court of Appeal of Florida, Fifth District.

July 7, 1988.

Attorney(s) appearing for the Case

James B. Gibson, Public Defender, and Charles W. Ruppel, Asst. Public Defender, Daytona Beach, for petitioner.

Robert A. Butterworth, Atty. Gen., Tallahassee, and Sean Daly, Asst. Atty. Gen., Daytona Beach, for respondents.

COWART, Judge.

Petitioner, Rory Powell, is charged with sexual battery and seeks a writ of mandamus or certiorari to require the trial court to compel the State to produce the recorded testimony of the minor victim and other witnesses given during a juvenile dependency hearing. The petitioner, who was present without counsel at the dependency hearing, has sworn that the witnesses' statements made at the dependency hearing are materially different from statements made...

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