Montoya-Navia v. State

COPE, Judge.

Freddy Montoya-Navia appeals his conviction for drug trafficking. We reverse.

Prior to trial, defendant moved to perpetuate the testimony of two out-of-country witnesses. See Fla. R.Crim. P. 3.190(j). Telephone depositions had already been taken of the two witnesses. Whether to grant a motion to perpetuate testimony is within the sound discretion of the court, and such a motion may be granted if the court is satisfied that the perpetuation of testimony may prevent a failure or delay of justice. Fla. R. Civ. P. 1.290; 19 Fla. Jur.2d Discovery and Depositions § 125 (1980); 23…