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STATE v. FARLEY

No. 5D01-473.

788 So.2d 338 (2001)

STATE of Florida, Petitioner, v. Matthew D. FARLEY, Respondent.

District Court of Appeal of Florida, Fifth District.

May 25, 2001.

Attorney(s) appearing for the Case

Robert A. Butterworth, Attorney General, Tallahassee, and Belle B. Schumann, Assistant Attorney General, Daytona Beach, for Petitioner.

Francis V. Iennaco of LeBlanc & Iennaco, Orlando, for Respondent.

ORFINGER, R.B., J.

The State seeks certiorari review of a trial court order excluding a witness from testifying at trial because the witness failed to attend a scheduled deposition. Because lesser sanctions had not been attempted or shown to be futile in securing the witness' attendance at deposition, we hold that striking the witness was improper and grant the writ.

Matthew Farley was charged by information with...

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