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STATE v. McINTOSH

No. 83-2648.

475 So.2d 973 (1985)

STATE of Florida, Appellant, v. John McINTOSH, Appellee.

District Court of Appeal of Florida, Fourth District.

Rehearing Denied October 16, 1985.

Attorney(s) appearing for the Case

Jim Smith, Atty. Gen., Tallahassee, and Russell S. Bohn, Asst. Atty. Gen., West Palm Beach, for appellant.

Richard L. Jorandby, Public Defender, and Robert E. Adler, Asst. Public Defender, West Palm Beach, for appellee.

PER CURIAM.

We treat the state's notice of appeal as a petition for writ of certiorari from a trial court pretrial order holding that a minor witness was incompetent to testify at trial and grant the petition. See Kaelin v. State, 410 So.2d 1355 (Fla. 4th DCA 1982). We concur in the trial court's determination that a statement made by the minor witness to her grandmother would not be admissible at trial. The circumstances...

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