GLENDENING v. STATE

No. 86-88.

503 So.2d 335 (1987)

David Edward GLENDENING, Appellant, v. STATE of Florida, Appellee.

District Court of Appeal of Florida, Second District.

As Modified on Denial of Rehearing March 6, 1987.


Attorney(s) appearing for the Case

Ronald K. Cacciatore, Tampa, for appellant.

Jim Smith, Atty. Gen., Tallahassee, and Kim W. Munch, Asst. Atty. Gen., Tampa, for appellee.


GRIMES, Judge.

This is an appeal from a conviction of sexual battery on a child eleven years of age or younger.

The major thrust of appellant's argument is that the court erred in admitting out-of-court statements made by Jennifer Glendening, the appellant's 3 1/2 year-old daughter, which implicated appellant. The testimony concerning these statements could only have been admitted under section 90.803(23), Florida Statutes (1985). Appellant not only attacks...

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