KERTELL v. STATE

No. 93-01304.

649 So.2d 892 (1995)

Charles Kevin KERTELL, Appellant, v. STATE of Florida, Appellee.

District Court of Appeal of Florida, Second District.

January 27, 1995.


Attorney(s) appearing for the Case

James Marion Moorman, Public Defender, and Megan Olson, Asst. Public Defender, Bartow, for appellant.

Robert A. Butterworth, Atty. Gen., Tallahassee, and Helene S. Parnes, Asst. Atty. Gen., Tampa, for appellee.


RYDER, Acting Chief Judge.

Charles Kevin Kertell challenges his conviction of capital sexual battery on the grounds that the trial court erred in its rulings that the child victim was competent to testify and that her hearsay statements were admissible. We agree with his arguments and, therefore, reverse.

Kertell was charged by information with capital sexual battery in violation of section 794.011(2), Florida Statutes (1991), by placing his penis in or in...

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