STATE v. FERREY

No. 3D08-1089.

35 So.3d 177 (2010)

The STATE of Florida, Appellant, v. Luis Henry FERREY, Appellee.

District Court of Appeal of Florida, Third District.

June 2, 2010.


Attorney(s) appearing for the Case

Bill McCollum, Attorney General, and Douglas J. Glaid, Senior Assistant Attorney General, for appellant.

Carlos J. Martinez, Public Defender, and Howard K. Blumberg, Assistant Public Defender, Patrick M. Delaney, Certified Legal Intern, and Armando G. Hernandez, Legal Intern, for appellee.

Before GERSTEN, SHEPHERD, and SUAREZ, JJ.


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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