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PAGAN v. STATE

No. 90-2441.

599 So.2d 744 (1992)

Jorge Castro PAGAN, Appellant, v. The STATE of Florida, Appellee.

District Court of Appeal of Florida, Third District.

June 2, 1992.

Attorney(s) appearing for the Case

Bennett H. Brummer, Public Defender, and John H. Lipinski, Sp. Asst. Public Defender, for appellant.

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

Before BARKDULL, COPE and GODERICH, JJ.

PER CURIAM.

Jorge Castro Pagan, defendant below, appeals his conviction on two counts of sexual battery and two counts of lewd assault. We affirm.

Defendant challenges the admission of the child victim's hearsay statements under subsection 90.803(23), Florida Statutes (1989). The trial court made a finding, required by the statute, that the child victim was unavailable to testify because "the child's participation...

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