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KEARNEY v. STATE

No. 95-1628.

689 So.2d 1310 (1997)

Brian James KEARNEY, Appellant, v. STATE of Florida, Appellee.

District Court of Appeal of Florida, Fifth District.

March 27, 1997.

Attorney(s) appearing for the Case

James B. Gibson, Public Defender, and Susan A. Fagan, Assistant Public Defender, Daytona Beach, for Appellant.

Robert A. Butterworth, Attorney General, Tallahassee, and Robin Compton Jones, Assistant Attorney General, Daytona Beach, for Appellee.

THOMPSON, Judge.

Brian James Kearney appeals his conviction and departure sentence for lewd and lascivious assault upon a child.1 We reverse the conviction based on the three errors asserted by Kearney.

First, the court erred in allowing the expert witnesses to vouch for the credibility of the alleged victim. Their testimony was similar to expert testimony ruled inadmissible in Price v. State, 627 So.2d...

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