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SCRIMSHAW v. STATE

No. 90-1576.

592 So.2d 753 (1992)

Paul SCRIMSHAW, Appellant, v. The STATE of Florida, Appellee.

District Court of Appeal of Florida, Third District.

January 14, 1992.

Attorney(s) appearing for the Case

Weinstein & Preira and Richard J. Preira, for appellant.

Robert A. Butterworth, Atty. Gen., and Angelica D. Zayas, Asst. Atty. Gen., for appellee.

Before BASKIN, FERGUSON and LEVY, JJ.

LEVY, Judge.

We reverse the trial court's finding that appellant Paul Scrimshaw wilfully disobeyed a subpoena ordering him to appear in court as a witness for the defense. The record reveals that Detective Scrimshaw was subpoenaed to appear "on Monday, the 16th of April, 1991, until proceedings are concluded or excused by the Court," to testify regarding a case of attempted murder in the first degree, sexual battery and...

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