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JANO v. STATE

No. 84-831.

510 So.2d 615 (1987)

Bret Edmund JANO, Appellant, v. STATE of Florida, Appellee.

District Court of Appeal of Florida, Fourth District.

Rehearing Denied July 22, 1987.

Attorney(s) appearing for the Case

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

Robert Butterworth, Atty. Gen., Tallahassee, and Carolyn V. McCann, Asst. Atty. Gen., West Palm Beach, for appellee.

STONE, Judge.

The defendant was convicted of the sexual battery of his 2 1/2 year old daughter, and sentenced to life in prison. The incriminating evidence consisted substantially of hearsay testimony admitted under either the spontaneous statement or excited utterance exceptions to the hearsay rule.

Section 90.803(1) and (2), Florida Statutes (1979), provides:

(1) Spontaneous statement. — A spontaneous statement describing or...

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