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CASTRO v. STATE

No. 90-1909.

591 So.2d 1076 (1991)

Abraham CASTRO, Appellant, v. The STATE of Florida, Appellee.

District Court of Appeal of Florida, Third District.

December 31, 1991.

Attorney(s) appearing for the Case

Bennett H. Brummer, Public Defender and Marti Rothenberg, Asst. Public Defender, for appellant.

Robert A. Butterworth, Atty. Gen. and Ivy Ginsberg Shanock, Asst. Atty. Gen., for appellee.

Before SCHWARTZ, C.J., and BASKIN and GODERICH, JJ.

PER CURIAM.

The defendant appeals from his convictions of five counts of sexual battery of his fifteen-year-old niece, in violation of section 794.041(2)(b).1 The determinative question concerns the action of the trial judge in excluding, purportedly under the rape shield statute, section 794.022(2), Florida Statutes (1989), extensive proffered evidence concerning the victim's alleged motivation to fabricate the accusations against the...

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