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STATE v. SIMMONS

No. 90-1434.

581 So.2d 209 (1991)

The STATE of Florida, Petitioner, v. James Wesley SIMMONS, Respondent.

District Court of Appeal of Florida, Third District.

June 4, 1991.

Attorney(s) appearing for the Case

Robert A. Butterworth, Atty. Gen. and Janet Reno, State Atty. and Lisa Berlow-Lehner, Asst. State Atty., for petitioner.

Bruce Alter, Miami, for respondent.

Before SCHWARTZ, C.J., and BARKDULL, HUBBART, NESBITT, BASKIN, FERGUSON, JORGENSON, COPE, LEVY, GERSTEN and GODERICH, JJ.

On Hearing En Banc

SCHWARTZ, Chief Judge.

The state seeks common law certiorari review of an order which seems to require the infant victim in a sexual abuse prosecution to undergo a gynecological examination. We heard oral argument en banc because the issue involves a significant and controversial question in the administration of criminal justice. See State v. Smith, 260 So.2d 489 (Fla. 1972); State...

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