PEREZ v. STATE

No. 86-967.

500 So.2d 725 (1987)

Paul PEREZ, Appellant, v. STATE of Florida, Appellee.

District Court of Appeal of Florida, Fifth District.

January 8, 1987.


Attorney(s) appearing for the Case

James B. Gibson, Public Defender, and Christopher S. Quarles, Asst. Public Defender, Daytona Beach, for appellant.

Jim Smith, Atty. Gen., Tallahassee, and Ellen D. Phillips, Asst. Atty. Gen., Daytona Beach, for appellee.


COWART, Judge.

Charged with a lewd assault upon a 3 1/2 year old child (§ 800.04, Fla. Stat.), the defendant made a pretrial motion to exclude the child victim's hearsay statements from admissibility in evidence at trial and to compel the child to testify, arguing that this action was necessary to protect his constitutional right to confront his accuser. After an evidentiary hearing the court denied the defendant's motions and determined that the child's hearsay...

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