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SMITH v. STATE

No. 91-00960.

594 So.2d 846 (1992)

Jerry SMITH, Appellant, v. STATE of Florida, Appellee.

District Court of Appeal of Florida, Second District.

February 28, 1992.

Attorney(s) appearing for the Case

James Marion Moorman, Public Defender, Bartow, and Allyn Giambalvo, Assistant Public Defender, Clearwater, for appellant.

Robert A. Butterworth, Atty. Gen., Tallahassee, and Charles Corces, Jr., Asst. Atty. Gen., Tampa, for appellee.

RYDER, Acting Chief Judge.

Jerry Smith seeks review of the trial court's restriction on his use of a deposition for impeachment purposes in this possession and sale of marijuana action. We reverse.

Smith was charged with possession and sale of marijuana. A trial was held and the jury found Smith guilty of sale, but not guilty of possession. Smith was adjudicated guilty and sentenced to three years' probation. This timely appeal followed.

At trial,...

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