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WALL v. STATE

No. 91-1658.

615 So.2d 822 (1993)

John WALL, Appellant/cross-appellee, v. STATE of Florida, Appellee/cross-appellant.

District Court of Appeal of Florida, Fourth District.

March 17, 1993.

Attorney(s) appearing for the Case

Richard L. Jorandby, Public Defender, and Cherry Grant, Asst. Public Defender, West Palm Beach, for appellant/cross-appellee.

David H. Bludworth, State Atty., and Robert S. Jaegers, Asst. State Atty., West Palm Beach, for appellee/cross-appellant.

PER CURIAM.

The State concedes that Appellant's right to confront witnesses was violated by the introduction of a deposition to perpetuate testimony at which Appellant was not present. Brown v. State, 471 So.2d 6 (Fla. 1985). Its use constitutes fundamental error. Regarding the other issue raised, we find no error in the denial of Appellant's motion for judgment of acquittal.

We reverse and remand for a new trial...

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