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THOMAS v. STATE

No. 93-03424.

660 So.2d 762 (1995)

James William THOMAS, Appellant, v. STATE of Florida, Appellee.

District Court of Appeal of Florida, Second District.

Rehearing Denied September 21, 1995.

Attorney(s) appearing for the Case

Domingo C. Alvarez, III, Orlando, for appellant.

Robert A. Butterworth, Atty. Gen., Tallahassee, and John M. Klawikofsky, Asst. Atty. Gen., Tampa, for appellee.

BLUE, Judge.

James William Thomas appeals his convictions for capital sexual battery and attempted capital sexual battery. We agree with Thomas that the trial court erred in admitting certain evidence and therefore, we reverse for a new trial.

First, the Williams1 rule testimony of C.S. was improperly admitted because her allegations were not established by clear and convincing evidence. See Audano v. State,

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