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MATTEAR v. STATE

No. 94-0748.

657 So.2d 46 (1995)

Chester MATTEAR, Appellant, v. STATE of Florida, Appellee.

District Court of Appeal of Florida, Fourth District.

June 28, 1995.

Attorney(s) appearing for the Case

Richard L. Jorandby, Public Defender, and Joseph R. Chloupek, Asst. Public Defender, West Palm Beach, for appellant.

Robert A. Butterworth, Atty. Gen., Tallahassee, and Melynda L. Melear, Asst. Atty. Gen., West Palm Beach, for appellee.

ON REHEARING

HERSEY, Judge.

We deny rehearing, but withdraw the opinion filed May 3, 1995, and substitute in lieu thereof the following.

Appellant timely appeals a judgment of conviction for sexual battery upon a child, claiming that the trial court erred in excluding two key defense witnesses because they were not disclosed during discovery. We agree.

At trial an expert testified that a medical examination indicated that a penis had...

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