HERNANDEZ v. STATE

No. 89-2144.

575 So.2d 1321 (1991)

Francisco HERNANDEZ, Appellant, v. STATE of Florida, Appellee.

District Court of Appeal of Florida, Fourth District.

Rehearing and Certified Question Denied April 4, 1991.


Attorney(s) appearing for the Case

Douglas N. Duncan of Wagner, Nugent, Johnson, Roth, Romano, Eriksen and Kupfer, P.A., West Palm Beach, for appellant.

Robert A. Butterworth, Atty. Gen., Tallahassee, and John M. Koenig, Jr., Asst. Atty. Gen., West Palm Beach, for appellee.


PER CURIAM.

The appellant, Francisco Hernandez, appeals his convictions for two counts of lewd act and one lewd assault. He contends that the trial court erred by allowing opinion testimony as to the victim's veracity, allowing testimony of a prior act of similar misconduct, failing to correctly instruct the jury on lewd assault, and denying his new trial motion to vacate one of the two lewd act convictions. We agree and reverse.

The victims, two girls, ten...

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