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CARTER v. STATE

No. 91-2099.

613 So.2d 498 (1993)

Ernest CARTER, Appellant, v. STATE of Florida, Appellee.

District Court of Appeal of Florida, Fifth District.

Rehearing Denied February 17, 1993.

Attorney(s) appearing for the Case

James B. Gibson, Public Defender, and Daniel J. Schafer, Asst. Public Defender, Daytona Beach, for appellant.

Robert A. Butterworth, Atty. Gen., Tallahassee, and Myra J. Fried, Asst. Atty. Gen., Daytona Beach, for appellee.

GRIFFIN, Judge.

We find no merit in appellant's contention that the trial court reversibly erred by excluding the testimony of the defendant's alibi witness first identified in midtrial. Nor do we agree that this court's decision in Bell v. State, 394 So.2d 570 (Fla. 5th DCA 1981), prevents enhancement of appellant's aggravated battery conviction based on the use of a firearm.

At trial, on two occasions, without objection...

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