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G.M. v. STATE

No. 87-1884.

530 So.2d 461 (1988)

G.M., a Child, Appellant, v. STATE of Florida, Appellee.

District Court of Appeal of Florida, Fifth District.

September 1, 1988.

Attorney(s) appearing for the Case

James B. Gibson, Public Defender, and Daniel J. Schafer, Asst. Public Defender, Daytona Beach, for appellant.

Robert A. Butterworth, Atty. Gen., Tallahassee, and Kellie A. Nielan, Asst. Atty. Gen., Daytona Beach, for appellee.

COWART, Judge.

This case involves the excited utterance (res gestae) exception to the rule of evidence excluding hearsay.

A petition for delinquency charged the defendant child with unlawfully handling, fondling, or making an assault in a lewd and lascivious manner on a five year old child. This charge is under section 800.04(1), Florida Statutes. The charging document does not charge defendant under section 800.04(3), which prohibits a knowing, lewd and lascivious...

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