LAMBERT v. STATE

No. 89-970.

560 So.2d 346 (1990)

Michael A. LAMBERT, Appellant, v. STATE of Florida, Appellee.

District Court of Appeal of Florida, Fifth District.

April 26, 1990.


Attorney(s) appearing for the Case

James B. Gibson, Public Defender and Kenneth Witts, Asst. Public Defender, Daytona Beach, for appellant.

Robert A. Butterworth, Atty. Gen., Tallahassee and David S. Morgan, Asst. Atty. Gen., Daytona Beach, for appellee.


HARRIS, Judge.

Michael A. Lambert appeals his conviction of battery of a law enforcement officer. He contends the trial court erred in refusing to exclude a witness during opening statements after the rule of sequestration had been invoked. We disagree and affirm.

Lambert contends that Officer Baker, the State's first witness, sat in during opening statements and changed his testimony in order to refute the defense of intoxication first raised in defense opening...

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