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ESSEX v. STATE

No. 4D06-1467.

958 So.2d 431 (2007)

Raymond ESSEX, Appellant, v. STATE of Florida, Appellee.

District Court of Appeal of Florida, Fourth District.

Rehearing Denied June 28, 2007.

Attorney(s) appearing for the Case

Carey Haughwout, Public Defender, and Elisabeth Porter, Assistant Public Defender, West Palm Beach, for appellant.

Bill McCollum, Attorney General, Tallahassee, and Melanie Dale Surber, Assistant Attorney General, West Palm Beach, for appellee.

GROSS, J.

We write to address one issue — whether the trial court erred in allowing the state to offer the former testimony of a witness from an earlier trial. Finding no error in the trial court's ruling that the state had met its burden of establishing the witness's unavailability, we affirm.

We reversed Raymond Essex's convictions for false imprisonment, robbery, and aggravated battery on a pregnant female...

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