Opinion
No. 77-2116.
September 19, 1978. Rehearing Denied November 2, 1978.
Appeal from the Circuit Court, Dade County, Natalie Baskin, J.
Bennett H. Brummer, Public Defender and Elliot H. Scherker, Asst. Public Defender, for appellant.
Robert L. Shevin, Atty. Gen., and James H. Greason, Asst. Atty. Gen., for appellee.
Before HAVERFIELD, C.J., and BARKDULL and HUBBART, JJ.
The trial court, in a criminal prosecution, excluded a prospective defense witness for violation of the rule of sequestration without complying with the procedures and principles laid down by the Supreme Court of Florida in Dumas v. State, 350 So.2d 464 (Fla. 1977).
The penalty for violation of the sequestration rule in criminal cases is different from that in civil cases, because of the constitutional right of an accused to present witnesses in his defense. (Sixth and Fourteenth Amendments to the United States Constitution.)
It is noted that the trial court did not have the benefit of this opinion at the time he made his ruling.
Therefore, the conviction must be reversed, with directions to grant the appellant a new trial.
Reversed and remanded, with directions.