STATE v. PANCOAST

No. 92-00040.

596 So.2d 162 (1992)

STATE of Florida, Petitioner, v. Phillip Raymond PANCOAST, Respondent.

District Court of Appeal of Florida, Second District.

Rehearing Denied April 10, 1992.


Attorney(s) appearing for the Case

James T. Russell, State Atty., St. Petersburg, and Magda McSwain, Asst. State Atty., Clearwater, for petitioner.

Ronnie G. Crider, Clearwater, for respondent.


PER CURIAM.

In this sexual battery prosecution in which the victim's consent is at issue, the state seeks certiorari review of a nonfinal order denying the state's motion to strike the proffered testimony of three defense witnesses. The trial judge stayed the trial pending this court's determination of the petition for writ of certiorari. We grant the petition.

The defense sought to introduce evidence of the victim's prior consensual sexual activity with three...

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