MITCHELL v. STATE

No. 89-01797.

580 So.2d 852 (1991)

Donald MITCHELL, Appellant, v. STATE of Florida, Appellee.

District Court of Appeal of Florida, Second District.

May 24, 1991.


Attorney(s) appearing for the Case

Steven T. Cooley, Bradenton, for appellant.

Robert A. Butterworth, Atty. Gen., Tallahassee, and Marc E. Brandes, Asst. Atty. Gen., Miami, for appellee.


CAMPBELL, Judge.

Appellant, Donald Mitchell, raises several issues in this appeal from his conviction and sentence for robbery. We find error only in regard to the trial judge's failure to grant appellant's motion for continuance to enable appellant to attempt to serve an outstanding subpoena on what could have been a crucial and exonerating defense witness. On that ground, we reverse and remand for a new trial.

Defense counsel, in his opening statement to...

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