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STATE v. ROBERTS

No. 3D13-2937.

174 So.3d 374 (2014)

The STATE of Florida, Petitioner, v. Rickey Bernard ROBERTS a/k/a Less McCullers, Respondent.

District Court of Appeal of Florida, Third District.

April 30, 2014.

Attorney(s) appearing for the Case

Katherine Fernandez Rundle, State Attorney , and Joel David Rosenblatt and William Howell, Assistant State Attorneys, for petitioner.

Eugene Zenobi , Regional Counsel, and Philip L. Reizenstein , Assistant Regional Counsel, for respondent.

Before WELLS, ROTHENBERG, and EMAS, JJ.

In this petition for writ of certiorari, the State of Florida ("the State") seeks quashal of the trial court's order denying the State's motion to declare Michelle Rimondi ("Ms.Rimondi") "unavailable" pursuant to section 90.804(1)(b), Florida Statutes (2013), and to admit her sworn former trial testimony during the resentencing proceeding...

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