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STATE v. ROESS

No. 83-2362.

451 So.2d 879 (1984)

STATE of Florida, Petitioner, v. M. John ROESS, Respondent.

District Court of Appeal of Florida, Second District.

Rehearing Denied June 7, 1984.

Attorney(s) appearing for the Case

James T. Russell, State Atty., and Robert E. Heyman, Asst. State Atty., for petitioner.

D. Lee Fugate, St. Petersburg, for respondent.

PER CURIAM.

The state, by petition for writ of certiorari, seeks review of an order of the circuit court reversing respondent's conviction and ordering a new trial. We deny the petition.

Respondent was convicted by a jury in the county court of cruelty to animals, a violation of section 828.12, Florida Statutes (1981). The county court excluded taped evidence of respondent's prior consistent statement made shortly...

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