State v. Jenny

OWEN, WILLIAM C., Jr., Associate Judge.

The State of Florida appeals from an order granting appellee’s motion to dismiss the charges against him. We reverse.

The issue here is whether Appellee, by appearing before the state attorney and testifying under oath pursuant to subpoena, was entitled, by virtue of Section 914.04, Florida Statutes (1979),1 to immunity as to *143the transactions concerning which he so testified, where Appellee (1) was not first informed of his right against self-incrimination, and (2) did not at any time assert such right.

We hold that (1) the statute did not confer either…