BROWN v. STATE

No. 96-3407.

721 So.2d 814 (1998)

David Lee BROWN, Appellant, v. STATE of Florida, Appellee.

District Court of Appeal of Florida, Fourth District.

December 16, 1998.


Attorney(s) appearing for the Case

Richard L. Jorandby, Public Defender, and Gary Caldwell, Assistant Public Defender, West Palm Beach, for appellant.

Robert A. Butterworth, Attorney General, Tallahassee, and James J. Carney, Assistant Attorney General, West Palm Beach, for appellee.


FARMER, Judge.

Attacking his conviction on a number of grounds, defendant primarily argues that the trial judge erroneously allowed pretrial depositions of the principal state witnesses to be adduced as evidence in place of live testimony. He bases his argument for a new trial on the fact that he was not personally present when the depositions were taken. We reverse.

The charges involve burglary with a battery, and aggravated battery, in which two elderly...

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