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BACON v. STATE

No. 88-0951.

578 So.2d 1137 (1991)

Timothy BACON, Appellant, v. STATE of Florida, Appellee.

District Court of Appeal of Florida, Fourth District.

Rehearing Denied June 5, 1991.

Attorney(s) appearing for the Case

Laura R. Morrison, Fort Lauderdale, for appellant.

Robert A. Butterworth, Atty. Gen., Tallahassee, and Sarah B. Mayer and John M. Koenig, Jr., Asst. Attys. Gen., West Palm Beach, for appellee.

PER CURIAM.

Reversed and remanded for a new trial. We agree with appellant that the trial court erred in allowing the state to call a court-appointed psychiatrist as a witness in direct violation of the provisions of Rule 3.211(e), Florida Rules of Criminal Procedure, and Pouncy v. State, 353 So.2d 640 (Fla. 3d DCA 1977).

We reject appellant's claim that insufficient evidence was presented to sustain his convictions...

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