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ANDINO v. STATE

No. 88-1048.

547 So.2d 1046 (1989)

Michael ANDINO, Appellant, v. STATE of Florida, Appellee.

District Court of Appeal of Florida, Fifth District.

August 24, 1989.

Attorney(s) appearing for the Case

James B. Gibson, Public Defender, and Nancye R. Crouch, Asst. Public Defender, Daytona Beach, for appellant.

Robert A. Butterworth, Atty. Gen., Tallahassee, and Dee R. Ball, Asst. Atty. Gen., Daytona Beach, for appellee.

COBB, Judge.

The primary issue raised by this appeal is whether the trial court erred by prospectively ruling that cross-examination by Andino's counsel of Andino's co-defendants, in the event they testified in their own behalf, would constitute "offering testimony in his own behalf" under Florida Rule of Criminal Procedure 3.250 so as to forfeit his right to first and last final argument.

We answered this question in Hart v. State,

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