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DUNSTALL v. STATE

No. 98-2000.

730 So.2d 819 (1999)

William Donnell DUNSTALL, Appellant, v. STATE of Florida, Appellee.

District Court of Appeal of Florida, Fifth District.

April 9, 1999.

Attorney(s) appearing for the Case

Elizabeth Siano Harris and Douglas R. Beam, Melbourne, for Appellant.

Robert A. Butterworth, Attorney General, Tallahassee, and Anthony J. Golden, Assistant Attorney General, Daytona Beach, for Appellee.

ON MOTION FOR REHEARING

COBB, J.

Pursuant to motion for rehearing, we vacate our prior decision in this cause dated December 22, 1998, and substitute therefor the following:

The defendant was found guilty following jury trial of two counts of sexual battery. He moved for a new trial on the grounds, inter alia, of prosecutorial misconduct and trial court error in excluding exculpatory testimony. This motion was denied by the trial court...

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