Public-domain · open source
OpenJurist

405 So. 2d 267

Robidoux v. State

District Court of Appeal of Florida

Decided October 28, 1981

District Court of Appeal of Florida · decided 1981-10-28

Cited by 1 later decisions — most recently November 1990

1 state decisions

Relies on 353 So. 2d 820 - State v. Basiliere · 402 So. 2d 1169 - State v. James

Good law ✅— No negative treatment on recordhow we know

Decided 1981-10-28

View the full empirical analysis of this case →

DOWNEY, Judge.

¶1Prior to trial appellant took the discovery deposition of the victim of the crime with which appellant was charged. At trial the court admitted into evidence over appellant’s objection, the victim’s deposition because the victim was then deceased.

¶2Appellant raises several points on appeal including the propriety of the admission of said deposition. Although none of the other points has merit we hold the admission of the victim’s discovery deposition was reversible error. State v. Basiliere, 353 So.2d 820 (Fla.1977); State v. James, 402 So.2d 1169 (Fla. 1981).

¶3Accordingly, the judgment and sentence appealed from are reversed and the cause is remanded for a new trial.

ANSTEAD and HURLEY, JJ., concur.
/405/so2d/267 · .json · Public domain