McKinzie v. State

This is a timely appeal of a final order of judgment and sentence. Appellant alleges that the trial court erred in excluding the testimony of a potential defense witness based on a sequestration violation without having conducted a proper inquiry pursuant to Atkinson v. State, 317 So.2d 807 (Fla. 4th DCA 1975). We agree, reverse the conviction and sentence, and remand for a new trial.

Appellant’s car was repossessed, and an inventory of the car was conducted by a recovery company’s employee who allegedly discovered cocaine in the car. During that employee’s testimony, the owner of the recovery…