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COLEMAN v. STATE

No. 90-2218.

592 So.2d 788 (1992)

Ricky COLEMAN, Appellant, v. The STATE of Florida, Appellee.

District Court of Appeal of Florida, Third District.

February 4, 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 Charles M. Fahlbusch, Asst. Atty. Gen., for appellee.

Before SCHWARTZ, C.J., and BARKDULL and GERSTEN, JJ.

PER CURIAM.

Rejecting the appellant's primary point on appeal, we affirm the trial court's determination that, because the state demonstrated that it had been "unable to procure [the child victim's] attendance or testimony by process or other reasonable means," § 90.804(1)(e), Fla. Stat. (1991), she was "unavailable as a witness," within the meaning of § 90.803(23)(a)2.b., Fla. Stat. (1991), so as to permit the admission of her out of court statements under...

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