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STATE v. OCHOA

No. 89-399.

576 So.2d 854 (1991)

The STATE of Florida, Appellant, v. Ivan OCHOA, Appellee.

District Court of Appeal of Florida, Third District.

March 19, 1991.

Attorney(s) appearing for the Case

Robert A. Butterworth, Atty. Gen., and Yvette Rhodes Prescott and Anita J. Gay, Asst. Attys. Gen., for appellant.

Bennett H. Brummer, Public Defender, and Henry H. Harnage and Bruce A. Rosenthal, Asst. Public Defenders, for appellee.

Before BARKDULL, COPE and GERSTEN, JJ.

COPE, Judge.

The State appeals dismissal of charges against defendant Ivan Ochoa on two counts of sexual battery and one count of lewd assault. The trial court ruled that the minor victims' statements to a physician were inadmissible hearsay and that therefore the State failed to show corpus delicti. We reverse.

Defendant was charged with one count of sexual battery and one count of lewd assault on a ten-year-old...

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