L.E.W. v. STATE

No. 92-487.

616 So.2d 613 (1993)

L.E.W., a Child, Appellant, v. STATE of Florida, Appellee.

District Court of Appeal of Florida, Fifth District.

April 9, 1993.


Attorney(s) appearing for the Case

James B. Gibson, Public Defender, and Noel A. Pelella, Asst. Public Defender, Daytona Beach, for appellant.

Robert A. Butterworth, Atty. Gen., Tallahassee, and Bonnie Jean Parrish, Asst. Atty. Gen., Daytona Beach, for appellee.


HARRIS, Judge.

L.E.W., a minor, was charged with lewd assault upon a child, a second degree felony. At the adjudicatory hearing, the State examined the investigating officer who, over defense counsel's objection, testified as to the content of a statement the victim gave during the investigation. This statement, recanted by the victim during the trial, tended to establish the corpus delicti and was admitted into evidence. Following the child-victim's hearsay...

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