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GLENDENING v. STATE

No. 70346.

536 So.2d 212 (1988)

David Edward GLENDENING, Petitioner, v. STATE of Florida, Respondent.

Supreme Court of Florida.

Rehearing Denied February 3, 1989.

Attorney(s) appearing for the Case

Stuart C. Markman of Winkles, Trombley, Kynes & Markman, P.A., Tampa, and Ronald K. Cacciatore, P.A., Tampa, for petitioner.

Robert A. Butterworth, Atty. Gen., and Katherine V. Blanco and Kim W. Munch, Asst. Attys. Gen., Tampa, for respondent.

EHRLICH, Chief Justice.

We have for review Glendening v. State, 503 So.2d 335 (Fla.2d DCA 1987), in which the district court expressly declared valid section 90.803(23), Florida Statutes (1985). We have jurisdiction. Art. V, § 3(b)(3), Fla. Const.

On July 26, 1985, Glendening was charged by information with sexual battery upon a child eleven years of age or younger, in violation of section 794.011(2), Florida...

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