Opinion
No. 89-566.
June 21, 1990.
Appeal from the Circuit Court for Orange County; Jeffords D. Miller, Judge.
James B. Gibson, Public Defender, and Michael S. Becker, Asst. Public Defender, Daytona Beach, for appellant.
Robert A. Butterworth, Atty. Gen., Tallahassee, and Bonnie J. Parrish, Asst. Atty. Gen., Daytona Beach, for appellee.
We affirm. It was within the trial court's discretion to refuse the defendant examination concerning an alleged prior inconsistent statement of the witness where it was made clear to the court in advance that counsel for the defendant would not offer evidence to prove the inconsistency.
AFFIRMED.
DAUKSCH and COBB, JJ., concur.