Weary v. State

We find that all of appellant’s points have merit. Accordingly, we reverse the final judgment adjudicating appellant guilty of possessing cocaine and remand for new trial.

*157First, the trial court erred in not allowing the defense to reopen its case after a witness under subpoena left the courthouse and reappeared prior to closing arguments. The witness could have been critical to the defense upon a major point where the evidence was in sharp conflict. Delgado v. State, 573 So.2d 83, 86 (Fla. 2d DCA 1990); State v. Ellis, 491 So.2d 1296 (Fla. 3d DCA 1986); Steffanos v. State, 80 Fla. 309, 86 So.…