James v. State

ORFINGER, Judge.

James appeals his conviction for burglary of a dwelling, attempted sexual battery with great force, and robbery. His princi*572pal attack is to the admission into evidence of a discovery deposition of the victim who died after the deposition was taken, but prior to trial.

Appellant contends that the use of the deposition at trial violates his Sixth Amendment rights of confrontation and cross-examination; that Rule 3.220(d), Florida Rules of Criminal Procedure, precludes the use of the deposition for any purpose other than contradiction or impeachment of the deponent unless the…