DIAZ v. STATE

No. 5D03-1816.

890 So.2d 556 (2005)

Oscar DIAZ, Appellant, v. STATE of Florida, Appellee.

District Court of Appeal of Florida, Fifth District.

January 14, 2005.


Attorney(s) appearing for the Case

Roger Scott, Jr., Orlando, for Appellant.

Charlie J. Crist, Jr., Attorney General, Tallahassee, and La Maya Henry, Assistant Attorney General, Daytona Beach, for Appellee.


THOMPSON, J.

Oscar Diaz appeals his conviction for delivery of heroin. We reverse.

First, Diaz contends that he was denied effective assistance of counsel because of the peculiar procedure employed at trial. Diaz was charged in this case with delivery of a controlled substance and in another case with malicious mischief and assault on a law enforcement officer. Diaz allegedly sold heroin to an undercover officer through an intermediary. Diaz drove away, and...

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