
    John WALL, Appellant/cross-appellee, v. STATE of Florida, Appellee/cross-appellant.
    No. 91-1658.
    District Court of Appeal of Florida, Fourth District.
    March 17, 1993.
    Richard L. Jorandby, Public Defender, and Cherry Grant, Asst. Public Defender, West Palm Beach, for appellant/cross-ap-pellee.
    David H. Bludworth, State Atty., and Robert S. Jaegers, Asst. State Atty., West Palm Beach, for appellee/cross-appellant.
   PER CURIAM.

The State concedes that Appellant s right to confront witnesses was violated by the introduction of a deposition to perpetuate testimony at which Appellant was not present. Brown v. State, 471 So.2d 6 (Fla.1985). Its use constitutes fundamental error. Regarding the other issue raised, we find no error in the denial of Appellant’s motion for judgment of acquittal.

We reverse and remand for a new trial.

STONE and FARMER, JJ., and WALDEN, JAMES H., Senior Judge, concur.  