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STATE v. CAMPBELL

No. 95-1392.

664 So.2d 1085 (1995)

STATE of Florida, Petitioner, v. Theodore Roosevelt CAMPBELL, Respondent.

District Court of Appeal of Florida, Fifth District.

December 8, 1995.

Attorney(s) appearing for the Case

Norman R. Wolfinger, State Attorney and Sean G. Anderson, Assistant State Attorney, Cocoa, for Petitioner.

Tad Kokoszka of Kokoszka & Gutin, Cocoa, for Respondent.

GOSHORN, Judge.

In a sexual battery prosecution, the State of Florida seeks certiorari review of the trial court's order on its motion to allow child hearsay. The court held part of paragraph 90.803(23)(a), Florida Statutes (1993), unconstitutional and barred the State from introducing the child hearsay for any statements made when the victim's physical age was over eleven years. After review, we conclude the court's order departs from the essential requirements of...

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