Florida District Courts of Appeal, 1983

State v. Harrison

State v. Harrison
Florida District Courts of Appeal · Decided December 14, 1983 · Hersey, Hurley, Walden
442 So. 2d 389; 1983 Fla. App. LEXIS 25116 (Southern Reporter, Second Series)

State v. Harrison

Opinion of the Court

PER CURIAM.

Based upon the authority of Novo v. Scott, 438 So.2d 477 (Fla. 3d DCA, 1983) we grant the state’s petition for certiorari and quash the trial court’s order which held that section 914.04, Florida Statutes (Supp. 1982) is unconstitutional. We adopt the rationale of our sister court and “hold that section 914.04 is constitutional and affords a witness derivative-use immunity.” Novo v. Scott, supra.

HERSEY, HURLEY and WALDEN, JJ., concur.

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