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STATE v. HARTUNG

No. 88-1148.

543 So.2d 236 (1989)

STATE of Florida, Appellant, v. Randall L. HARTUNG and Kelly Potts, Appellees.

District Court of Appeal of Florida, Fifth District.

Rehearing Denied May 19, 1989.

Attorney(s) appearing for the Case

Robert A. Butterworth, Atty. Gen., Tallahassee, and Pamela D. Cichon, Asst. Atty. Gen., Daytona Beach, Norman R. Wolfinger, State Atty., and Michael R. Hunt, Asst. State Atty., Titusville, for appellant.

James Russo, Public Defender, and George McCarthy, Asst. Public Defender, Rockledge, for appellees.

COWART, Judge.

The dispositive legal question in this case is whether, under Florida Rule of Criminal Procedure 3.140(g), a state attorney, or his designated assistant,1 who signs an information charging a felony offense must personally administer oath to, and personally question and see and hear the testimony of the material witness or witnesses upon which charges are based.

We answer the question in the negative and hold that...

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