POLLARD v. STATE

No. 82-2610.

444 So.2d 561 (1984)

Herschel N. POLLARD, Jr., Appellant, v. STATE of Florida, Appellee.

District Court of Appeal of Florida, Second District.

January 27, 1984.


Attorney(s) appearing for the Case

Peter D. Ringsmuth of Smith, Carta, Ringsmuth & Kluttz, Fort Myers, for appellant.

Jim Smith, Atty. Gen., Tallahassee, and Michael J. Kotler, Asst. Atty. Gen., Tampa, for appellee.


SANDERLIN, JAMES B., Associate Judge.

Appellant was charged with lewd and lascivious assault upon a child. The victim testified that she went to appellant's house at his wife's request to babysit. Appellant was at the house. The victim testified that she massaged appellant's back, then defendant massaged her back, vaginal area, and breasts. Appellant's chief defense was that the victim fantasized the incident as an attention-grasping event. The trial court refused...

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