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WITHERSPOON v. STATE

No. 91-712.

599 So.2d 743 (1992)

Cedric WITHERSPOON, Appellant, v. The STATE of Florida, Appellee.

District Court of Appeal of Florida, Third District.

June 2, 1992.

Attorney(s) appearing for the Case

Bennett H. Brummer, Public Defender, and Howard K. Blumberg, Asst. Public Defender, for appellant.

Robert A. Butterworth, Atty. Gen., and Mark S. Dunn, Asst. Atty. Gen., for appellee.

Before BASKIN, FERGUSON and JORGENSON, JJ.

PER CURIAM.

Defendant appeals from judgments of conviction for first degree murder and attempted first degree murder. We agree that the trial court erred in permitting the State to call Mr. Cox as a witness knowing that he would invoke his Fifth Amendment privilege and refuse to testify. Hankerson v. State, 347 So.2d 744 (Fla. 4th DCA 1977). However, under the circumstances of this case, the error was harmless. Shere v...

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