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CLARK v. STATE

No. 95-2638.

679 So.2d 321 (1996)

John CLARK, Appellant, v. The STATE of Florida, Appellee.

District Court of Appeal of Florida, Third District.

Rehearing Denied October 2, 1996.

Attorney(s) appearing for the Case

Bennett H. Brummer, Public Defender and Manuel Alvarez, Assistant Public Defender, for appellant.

Robert A. Butterworth, Attorney General and Richard L. Polin, Assistant Attorney General, for appellee.

Before SCHWARTZ, C.J., and GERSTEN and GODERICH, JJ.

SCHWARTZ, Chief Judge.

The defendant appeals from his convictions and sentences on two counts of lewd assault after a jury trial.

I.

The primary evidence against Clark was the result of DNA testing which established, to a disputed degree of likelihood, that the defendant was the father of the victim's child. The primary issue raised in this appeal is the correctness of the trial court's determination, rendered after an extensive Frye

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