Wall v. State

Florida District Courts of Appeal
Wall v. State, 615 So. 2d 822 (1993)
1993 Fla. App. LEXIS 3269; 1993 WL 74260
Farmer, James, Stone, Walden

Wall v. State

Opinion of the Court

PER CURIAM.

The State concedes that Appellant s right to confront witnesses was violated by the introduction of a deposition to perpetuate testimony at which Appellant was not present. Brown v. State, 471 So.2d 6 (Fla. 1985). Its use constitutes fundamental error. Regarding the other issue raised, we find no error in the denial of Appellant’s motion for judgment of acquittal.

We reverse and remand for a new trial.

STONE and FARMER, JJ., and WALDEN, JAMES H., Senior Judge, concur.

Reference

Full Case Name
John WALL, Appellant/cross-appellee v. STATE of Florida, Appellee/cross-appellant
Cited By
1 case
Status
Published