WEARY v. STATE

No. 93-3791.

644 So.2d 156 (1994)

Chris J. WEARY, Appellant, v. STATE of Florida, Appellee.

District Court of Appeal of Florida, Fourth District.

October 26, 1994.


Attorney(s) appearing for the Case

Richard L. Jorandby, Public Defender, and David McPherrin, Asst. Public Defender, West Palm Beach, for appellant.

Robert A. Butterworth, Atty. Gen., Tallahassee, and Melvina Racey Flaherty, Asst. Atty. Gen., West Palm Beach, for appellee.


PER CURIAM.

We find that all of appellant's points have merit. Accordingly, we reverse the final judgment adjudicating appellant guilty of possessing cocaine and remand for new trial.

First, the trial court erred in not allowing the defense to reopen its case after a witness under subpoena left the courthouse and reappeared prior to closing arguments. The witness could have been critical to the defense upon a major...

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