REYES v. STATE

No. 90-132.

580 So.2d 309 (1991)

Carlos REYES, Appellant, v. The STATE of Florida, Appellee.

District Court of Appeal of Florida, Third District.

May 28, 1991.


Attorney(s) appearing for the Case

Bennett H. Brummer, Public Defender and Valerie Jonas, Asst. Public Defender, for appellant.

Robert A. Butterworth, Atty. Gen. and Michael J. Neimand and Jorge Espinosa, Asst. Attys. Gen., for appellee.

Before SCHWARTZ, C.J., and HUBBART and COPE, JJ.


SCHWARTZ, Chief Judge.

Reyes was convicted of sexual battery and simple battery for the alleged digital penetrations of a twelve year old girl, C.H., who was a close friend of the defendant and his children. We reverse for a new trial.

At the trial, the victim specifically testified to the incidents of misconduct and there was medical testimony of damage to the child's intimate area which was at least equivocal as to its derivation. On the other hand, Reyes...

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