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DI BATTISTO v. STATE

No. 85-622.

480 So.2d 169 (1985)

Gordon R. DI BATTISTO, Appellant, v. The STATE of Florida, Appellee.

District Court of Appeal of Florida, Third District.

December 17, 1985.

Attorney(s) appearing for the Case

Stephen Cahen, Miami, for appellant.

Jim Smith, Atty. Gen., and Mark J. Berkowitz, Asst. Atty. Gen., for appellee.

Before SCHWARTZ, C.J., and NESBITT and JORGENSON, JJ.

SCHWARTZ, Chief Judge.

Di Battisto was convicted of grand theft in defrauding an elderly lady, Mrs. Lena Radetzky, of the proceeds of the sale of her home. His primary contention here challenges the admission at trial of the victim's videotaped deposition which had been previously taken to perpetuate her testimony under Florida Rule of Criminal Procedure 3.190(j). We do not agree.

Rule 3.190(j)(6), which governs...

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