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TOMENGO v. STATE

No. 5D03-312.

864 So.2d 525 (2004)

Carl D. TOMENGO, Appellant, v. STATE of Florida, Appellee.

District Court of Appeal of Florida, Fifth District.

January 9, 2004.

Attorney(s) appearing for the Case

Daniel D. Mazar of Mead & Mazar, Winter Park, for Appellant.

Charles J. Crist, Jr., Attorney General, Tallahassee, and Ann M. Phillips, Assistant Attorney General, Daytona Beach, for Appellee.

ORFINGER, J.

Carl D. Tomengo appeals his conviction of sexual battery. He contends that the trial court erred when it excluded a latedisclosed exculpatory defense witness and limited his cross-examination of the victim. We agree and reverse for a new trial.

On the day before Tomengo's trial was set to begin, Tomengo's court-appointed counsel1 filed a supplemental witness list, naming Ronnie Shealy as a defense witness for the first...

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