Wall v. State, 615 So. 2d 822 (Fla. Dist. Ct. App. 1993).
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Wall v. State, 615 So. 2d 822 (Fla. Dist. Ct. App. 1993). Book View Copy Cite
John WALL, Appellant/cross-appellee
v.
STATE of Florida, Appellee/cross-appellant
No. 91-1658.
District Court of Appeal of Florida.
Mar 17, 1993.
615 So. 2d 822
Richard L. Jorandby, Public Defender, and Cherry Grant, Asst. Public Defender, West Palm Beach, for appellant/cross-ap-pellee., David H. Bludworth, State Atty., and Robert S. Jaegers, Asst. State Atty., West Palm Beach, for appellee/cross-appellant.
Farmer, James, Stone, Walden.
Cited by 1 opinion  |  Published
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.