State v. Kitchen

Appellant, the State of Florida, appeals from an order of the trial court dismissing an information filed by the state against appellee, defendant below.

One Felton Green, charged by information with, inter alia armed robbery, supplied the state with the name of appellee as a possible alibi witness, pursuant to Fla.R. Crim.P. 3.200. The state thereupon subpoenaed and deposed appellee concerning the Green alibi. At the time of the deposition, appellee was not a suspect and was only questioned as to the whereabouts of Green on the date of the alleged robbery.

Some time after appellee’s deposition…