OWENS v. STATE

No. 34A02-9804-CR-396.

714 N.E.2d 250 (1999)

Donald OWENS, Appellant-Defendant, v. STATE of Indiana, Appellee-Plaintiff.

Court of Appeals of Indiana.

June 30, 1999.


Attorney(s) appearing for the Case

Mark Dabrowski, Deputy Public Defender, Kokomo, Indiana, Attorney for Appellant.

Jeffrey A. Modisett, Attorney General of Indiana, Janet Brown Mallett, Deputy Attorney General, Indianapolis, Indiana, Attorneys for Appellee.


OPINION

MATTINGLY, Judge.

Donald Owens appeals his conviction, after a jury trial, of Dealing in Cocaine, a Class A felony. He raises two issues, which we combine and restate as whether the trial court erred in denying Owens' motion for mistrial when Owens' attorney became aware, during trial, that another of his clients was going to be called as a rebuttal witness to testify against Owens.

We reverse.

FACTS AND PROCEDURAL HISTORY

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