LIVIGNI v. STATE

No. 97-00752.

725 So.2d 1150 (1998)

Thomas Gaetano LIVIGNI, Appellant, v. STATE of Florida, Appellee.

District Court of Appeal of Florida, Second District.

November 6, 1998.


Attorney(s) appearing for the Case

James Marion Moorman, Public Defender, Bartow, and Brad Permar, Assistant Public Defender, Clearwater, for Appellant.

Robert A. Butterworth, Attorney General, Tallahassee, and Diana K. Bock, Assistant Attorney General, Tampa, for Appellee.


FULMER, Judge.

Thomas Gaetano Livigni appeals his convictions for aggravated battery and obstructing an officer without violence. Because we agree with Livigni's contention that the trial court improperly excluded the testimony of a defense witness, we reverse and remand for a new trial.

The defense listed Smith as a witness a week prior to trial, but had not been able to subpoena her. When Smith showed up at the court during trial, the State argued a discovery...

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