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McQUIRK v. STATE

No. 95-745.

667 So.2d 441 (1996)

Scott McQUIRK, Appellant, v. STATE of Florida, Appellee.

District Court of Appeal of Florida, Fifth District.

January 26, 1996.

Attorney(s) appearing for the Case

Robin C. Lemonidis of Robin C. Lemonidis, P.A., Melbourne, for Appellant.

Robert A. Butterworth, Attorney General, Tallahassee, and Steven J. Guardiano, Senior Assistant Attorney General, Daytona Beach, for Appellee.

THOMPSON, Judge.

Scott McQuirk appeals his conviction for sexual battery1 on the daughter of his former girlfriend. Testimony established that the victim was 19 at the time of the crime, but because she is mildly retarded, she perceives reality as a 10 to 12 year old. We affirm.

On appeal, McQuirk raised three issues concerning the admission of testimony at trial: 1) whether the trial court erred in allowing two experts to testify...

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