Brazell v. State

• Court: Florida District Court of Appeals
• Writing for the Court: PER CURIAM
• Citation: Brazell v. State, 532 So.2d 50, 13 Fla. L. Weekly 2263 (Fla. App. 1988)
• Decision Date: 05 October 1988
• Docket Number: No. 87-3366,87-3366
• Parties: 13 Fla. L. Weekly 2263 Tyrone Lloyd BRAZELL, Appellant, v. STATE of Florida, Appellee.

Page 50

532 So.2d 50

13 Fla. L. Weekly 2263

Tyrone Lloyd BRAZELL, Appellant, v. STATE of Florida, Appellee.

No. 87-3366.

District Court of Appeal of Florida Fourth District.

Oct. 5, 1988.

Rehearing and Stay Denied Nov. 2, 1988.

Appeal from the Circuit Court for Okeechobee County; William L. Hendry, Judge.

Richard L. Jorandby, Public Defender, and Jeffrey L. Anderson Asst. Public Defender, West Palm Beach, for appellant.

Robert A. Butterworth, Atty. Gen., Tallahassee, and Celia A. Terenzio, Asst. Atty. Gen., West Palm Beach, for appellee.

PER CURIAM.

We affirm appellant's conviction of sale of cocaine but reverse his separate conviction for possession of the same cocaine. See Smith v. State, 524 So.2d 461 (Fla. 4th DCA 1988).

We reject appellant's claim of error in the trial court's exclusion of a witness called by the appellant whose name had not been furnished in discovery. However, in doing so, we certify the same issue of great public importance certified in Nava v. State, 450 So.2d 606 (Fla 4th DCA 1984), cause dismissed, 508 So.2d 14 (Fla.1987):

Is a defendant who fails to proffer or otherwise establish on the record the nature of the testimony of a witness, whose identity has not properly been disclosed to the state, foreclosed from asserting the exclusion of such witness' testimony as...