Pottgen v. State

SCHWARTZ, Associate Judge.

Following our reversal of his conviction in Pottgen v. State, 589 So.2d 390 (Fla. 1st DCA 1991), Pottgen was again found guilty of disturbing the contents of a grave and now appeals from the resulting adjudication and sentence. We find no reversible error in any of the three evidentiary points presented.1

In accordance with the previous opinion, 589 So.2d at 391, the trial judge, upon the state’s pre-trial motion, made a specific finding that the witness Fred Day, who disappeared after the first trial and whose testimony was therefore read into evidence at the second…