POTTGEN v. STATE

No. 90-3587.

589 So.2d 390 (1991)

Joseph POTTGEN, Appellant, v. STATE of Florida, Appellee.

District Court of Appeal of Florida, First District.

November 13, 1991.


Attorney(s) appearing for the Case

Nancy A. Daniels, Public Defender, Glen P. Gifford, Asst. Public Defender, Tallahassee, for appellant.

Robert A. Butterworth, Atty. Gen., Sara D. Baggett, Asst. Atty. Gen., Tallahassee, for appellee.


WIGGINTON, Judge.

Appellant appeals his conviction of disturbing the contents of a grave in violation of section 872.02, Florida Statutes. We reverse and remand for a new trial.

Appellant was charged with disturbing the contents of the grave of Steven Glen Morgan sometime in late December 1989. When Morgan's body was discovered in a wooded area on May 11, 1990, a videotape was made at the discovery site. The videotape, which we have viewed, shows in great...

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