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McKINZIE v. STATE

No. 1D02-1035.

845 So.2d 316 (2003)

David McKINZIE, Appellant, v. STATE of Florida, Appellee.

District Court of Appeal of Florida, First District.

May 20, 2003.

Attorney(s) appearing for the Case

Nancy A. Daniels, Public Defender and Anne H. Dunlap, Assistant Public Defender, Tallahassee, for Appellant.

Charlie Crist, Attorney General and Robert L. Martin, Assistant Attorney General, Tallahassee, for Appellee.

BROWNING, J.

This is a timely appeal of a final order of judgment and sentence. Appellant alleges that the trial court erred in excluding the testimony of a potential defense witness based on a sequestration violation without having conducted a proper inquiry pursuant to Atkinson v. State, 317 So.2d 807 (Fla. 4th DCA 1975). We agree, reverse the conviction and sentence, and remand for a new trial.

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