DUPREE v. STATE

No. 92-2709.

639 So.2d 125 (1994)

Lark O'Sean DUPREE, Appellant, v. STATE of Florida, Appellee.

District Court of Appeal of Florida, First District.

June 29, 1994.


Attorney(s) appearing for the Case

Nancy A. Daniels, Public Defender, David P. Gauldin, Asst. Public Defender, Tallahassee, for appellant.

Robert A. Butterworth, Atty. Gen., Marilyn McFadden, Asst. Atty. Gen., Dept. of Legal Affairs, Tallahassee, for appellee.


BENTON, Judge.

We are asked to consider the scope of a "nontraditional" exception to the rule under which hearsay is excludable from evidence. We conclude that, if "the declarant child" does not report himself a victim of the child abuse or neglect which is recounted in the out-of-court declaration, section 90.803(23), Florida Statutes (1993), does not authorize the admission of testimony reciting the child's assertion, as the equivalent of testimony to the fact asserted...

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