SUAREZ, J.
The State of Florida appeals from the trial court's order granting Luis Ferrey's motion for new trial. We affirm.
Ferrey was charged with burglary of a dwelling with assault or battery, and attempted sexual battery. Prior to trial, the State announced that it would not be calling the victim's neighbor, Carlos, as a witness at trial; he was stricken from the witness list and the trial court noted that he would not testify. At trial, the victim testified...
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