STATE v. CALABRESE

No. 5D02-875.

840 So.2d 1068 (2003)

STATE of Florida, Appellant, v. Samuel CALABRESE, Appellee.

District Court of Appeal of Florida, Fifth District.

Rehearing Denied March 31, 2003.


Attorney(s) appearing for the Case

Charlie Crist, Attorney General, Tallahassee, and Carmen F. Corrente, Assistant Attorney General, Daytona Beach, for Appellant.

Robert R. Berry and Gregory W. Eisenmenger, of Eisenmenger, Berry & Peters, P.A., Melbourne, for Appellee.


PLEUS, J.

The state appeals the dismissal of a fivecount information charging Calabrese with three counts of perjury in an official proceeding and two counts of perjury by contradictory statements. We affirm the dismissal of counts 3 and 4 of the information without discussion. On counts 1, 2 and 5, we reverse.

The charges arose from Calabrese's deposition testimony in his workers' compensation and wrongful termination suits against the Indian Harbor Beach...

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