Wall v. State, 615 So. 2d 822

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.

Case Details

Case Name: Wall v. State

Court Name: District Court of Appeal of Florida

Date Published: Mar 17, 1993

Citations: 615 So. 2d 822; 1993 Fla. App. LEXIS 3269; 1993 WL 74260; No. 91-1658

Docket Number: No. 91-1658

Court Abbreviation: Fla. Dist. Ct. App.