JACOMIAH WALKER v. STATE OF FLORIDA

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IN THE DISTRICT COURT OF APPEAL FIRST DISTRICT, STATE OF FLORIDA JACOMIAH WALKER, Appellant, NOT FINAL UNTIL TIME EXPIRES TO FILE MOTION FOR REHEARING AND DISPOSITION THEREOF, IF FILED. CASE NO. 1D03-3809 v. STATE OF FLORIDA, Appellee. ____________________________/ Opinion filed October 25, 2004. An appeal from an order from the circuit court for Alachua County. Joseph M. Williams, Judge. Nancy A. Daniels, Public Defender, and Janice G. Scott, Assistant Public Defender, Tallahassee, Attorneys for Appellant. Charles J. Crist, Jr., Attorney General, and Daniel A. David, Assistant Attorney General, Tallahassee, Attorneys for Appellee. PER CURIAM. Appellant appeals his conviction and sentence, alleging that the trial court abused its discretion by refusing to allow a witness, who had been disclosed to the State, to testify at trial. The State concedes error. Donaldson v. State, 656 So. 2d 580 (Fla. 1st DCA 1995). Thus, Appellant s conviction and sentence are reversed and the case is remanded for a new trial. REVERSED and REMANDED. BOOTH, BARFIELD and ALLEN, JJ., CONCUR.

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