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CINCI v. STATE

No. 93-1619.

642 So.2d 572 (1994)

Louis Donald CINCI, Appellant, v. STATE of Florida, Appellee.

District Court of Appeal of Florida, Fourth District.

Order Denying Rehearing August 31, 1994.

Attorney(s) appearing for the Case

Kenneth G. Spillias of Law Office of Kenneth G. Spillias, P.A., West Palm Beach, for appellant.

Robert A. Butterworth, Atty. Gen., Tallahassee, and Sarah B. Mayer, Asst. Atty. Gen., West Palm Beach, for appellee.

PER CURIAM.

We affirm Louis Donald Cinci's conviction and sentence for aggravated battery with a firearm. We agree with Judge Glickstein's dissent that it was error for the trial court to take judicial notice of the date on which defense counsel filed his witness list. As the dissent very ably points out, the prosecutor had sufficient competent evidence with which to refute the wife's version of the events without the use...

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