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STATE v. NIETO

No. 3D00-872.

761 So.2d 467 (2000)

The STATE of Florida, Petitioner, v. Oscar NIETO, Respondent.

District Court of Appeal of Florida, Third District.

June 28, 2000.

Attorney(s) appearing for the Case

Katherine Fernandez Rundle, State Attorney, and Penny H. Brill, Assistant State Attorney, for petitioner.

Bennett H. Brummer, Public Defender, and Roy A. Heimlich, Assistant Public Defender, for respondent.

Before COPE, GERSTEN and FLETCHER, JJ.

COPE, J.

The State petitions for a writ of certiorari to quash an order allowing defendant-respondent Oscar Nieto to present expert testimony at trial. We deny the petition.

Defendant is a Colombian national who arrived at the Miami airport having swallowed forty pellets containing 1.17 pounds of heroin. As his defense to the charge of drug trafficking, he offers the defense of duress. Defense counsel represents that defendant will testify that he is a Colombian...

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