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McGRIFF v. STATE

No. 91-01272.

601 So.2d 1320 (1992)

Thomas McGRIFF, Appellant, v. STATE of Florida, Appellee.

District Court of Appeal of Florida, Second District.

July 10, 1992.

Attorney(s) appearing for the Case

James Marion Moorman, Public Defender, Bartow, and Allyn Giambalvo, Asst. Public Defender, Clearwater, for appellant.

Robert A. Butterworth, Atty. Gen., Tallahassee, and Brenda S. Taylor, Asst. Atty. Gen., Tampa, for appellee.

RYDER, Judge.

Thomas McGriff challenges his judgment and sentence for capital sexual battery. He argues that the trial court erred in refusing to allow him to introduce evidence that other persons had engaged in sexual intercourse with the child victim. We reverse.

McGriff was alleged to have engaged in vaginal or anal intercourse with his eight-year-old stepdaughter. The child's testimony described that on a number...

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