HODGES v. STATE

No. 80-901.

403 So.2d 1375 (1981)

Daniel J. HODGES, Appellant, v. STATE of Florida, Appellee.

District Court of Appeal of Florida, Fifth District.

September 30, 1981.


Attorney(s) appearing for the Case

Kirk N. Kirkconnell of Muller & Kirkconnell, P.A., Winter Park, for appellant.

Jim Smith, Atty. Gen., Tallahassee, and C. Michael Barnette, Asst. Atty. Gen., Daytona Beach, for appellee.


COWART, Judge.

This case involves the similar fact rule of evidence in a sexual battery case.

The prosecutrix testified that appellant, a stranger, dialed her telephone by mistake and after a conversation she gave him directions to her apartment. He came with a bottle of wine and she stated that after some wine and television he forced her into acts constituting a sexual battery. Appellant testified and admitted his participation, but claimed that the prosecutrix...

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