STATE v. McCLAIN

No. 90-0721.

572 So.2d 23 (1990)

STATE of Florida, Appellant, v. Kevin McCLAIN, Appellee.

District Court of Appeal of Florida, Fourth District.

Rehearing Denied January 25, 1991.


Attorney(s) appearing for the Case

Robert A. Butterworth, Atty. Gen., Tallahassee, and Carol Cobourn Asbury, Asst. Atty. Gen., West Palm Beach, for appellant.

Richard L. Jorandby, Public Defender, and Louis G. Carres, Asst. Public Defender, West Palm Beach, for appellee.


GARRETT, Judge.

The State appeals the sentence imposed by the trial judge.

At the second hearing on the state's motion to sentence appellee as a habitual offender, the trial judge indicated he wanted to speak to two witnesses not in attendance. Later, he spoke ex parte to one of the witnesses. After the fact, the assigned assistant state attorney learned about the conversation. The state's request to be present when the judge spoke to the other witness was...

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