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DAVIS v. STATE

No. 76-1221.

348 So.2d 1228 (1977)

John DAVIS, Jr., Appellant, v. The STATE of Florida, Appellee.

District Court of Appeal of Florida, Third District.

Rehearing Denied September 6, 1977.

Attorney(s) appearing for the Case

Bennett H. Brummer, Public Defender and Julian S. Mack, Asst. Public Defender, for appellant.

Robert L. Shevin, Atty. Gen. and Linda Collins Hertz, Asst. Atty. Gen., for appellee.

Before HENDRY, C.J., and PEARSON and BARKDULL, JJ.

PER CURIAM.

Appellant appeals his sentence and conviction for the crimes of involuntary sexual battery and burglary with intent to assault in violation of Sections 794.011(5) and 810.02(2), Florida Statutes (1975), respectively.

Appellant raises two points on appeal, only one of which we need discuss, to-wit:

"Whether the trial court erred in permitting a five year old child to offer testimony where the child was not shown to be competent to testify...

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