HODGES v. STATE

No. 91-0571.

598 So.2d 204 (1992)

Jerome HODGES, Appellant, v. STATE of Florida, Appellee.

District Court of Appeal of Florida, Fourth District.

May 6, 1992.


Attorney(s) appearing for the Case

Richard L. Jorandby, Public Defender, and Margaret Good, Asst. Public Defender, West Palm Beach, for appellant.

Robert A. Butterworth, Atty. Gen., Tallahassee, Jacqueline Barakat and Joan Fowler, Asst. Attys. Gen., West Palm Beach, for appellee.


GARRETT, Judge.

Jerome Hodges appeals his trafficking in cocaine conviction and sentence. He claims that the trial judge should have granted his motion for a mistrial after the state, knowing his codefendant would choose not to testify against him, called the codefendant as a witness. We agree.

Several days before trial, the state learned that the codefendant "wasn't going to cooperate." The assigned prosecutor then asked the codefendant's attorney to "go...

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