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MOLINA v. STATE

No. 2D10-229.

71 So.3d 234 (2011)

Reyes Herrera MOLINA, Appellant, v. STATE of Florida, Appellee.

District Court of Appeal of Florida, Second District.

October 12, 2011.

Attorney(s) appearing for the Case

James Marion Moorman , Public Defender, and Judith Ellis , Assistant Public Defender, Bartow, for Appellant.

Pamela Jo Bondi , Attorney General, Tallahassee, and Elba C. Martin-Schomaker , Assistant Attorney General, Tampa, for Appellee.

MORRIS, Judge.

Reyes Herrera Molina appeals his conviction for trafficking in illegal drugs. Because the trial court committed harmful error in not permitting the defense to comment on the State's failure to call a witness at trial, we reverse his conviction.

Molina was charged on May 22, 2009, with trafficking in illegal drugs on April 11, 2008. Molina was alleged to have sold thirty milligrams of oxycodone to an undercover officer, Detective Witt. Prior...

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