MONTOYA-NAVIA v. STATE

No. 95-1347.

691 So.2d 1144 (1997)

Freddy MONTOYA-NAVIA, Appellant, v. The STATE of Florida, Appellee.

District Court of Appeal of Florida, Third District.

April 16, 1997.


Attorney(s) appearing for the Case

Bennett H. Brummer, Public Defender, and Donald Tunnage, Assistant Public Defender, for appellant.

Robert A. Butterworth, Attorney General, and Fleur J. Lobree, Assistant Attorney General, for appellee.

Before SCHWARTZ, C.J., and COPE and LEVY, JJ.


COPE, Judge.

Freddy Montoya-Navia appeals his conviction for drug trafficking. We reverse.

Prior to trial, defendant moved to perpetuate the testimony of two out-of-country witnesses. See Fla. R.Crim. P. 3.190(j). Telephone depositions had already been taken of the two witnesses. Whether to grant a motion to perpetuate testimony is within the sound discretion of the court, and such a motion may be granted if the court is satisfied that the perpetuation...

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