McMILLON v. STATE

No. 88-2516.

552 So.2d 1183 (1989)

David A. McMillon, Appellant, v. STATE of Florida, Appellee.

District Court of Appeal of Florida, Fourth District.

November 29, 1989.


Attorney(s) appearing for the Case

Richard L. Jorandby, Public Defender, and Jeffrey L. Anderson, Asst. Public Defender, West Palm Beach, for appellant.

Robert A. Butterworth, Atty. Gen., Tallahassee, and James J. Carney, Asst. Atty. Gen., West Palm Beach, for appellee.


DOWNEY, Judge.

David A. McMillon appeals from a judgment of conviction and sentence of seventeen years' imprisonment for the offense of attempted first-degree murder. The appellate issue involved is the admissibility of the pretrial deposition of the victim taken to perpetuate his testimony. We hold the evidence was procedurally inadmissible on the facts of this case and reverse the judgment of conviction and sentence and remand for a new trial.

Lloyd Edwards...

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