TITEL v. STATE

No. 4D99-1905.

788 So.2d 286 (2000)

Leon Alan TITEL, Appellant, v. STATE of Florida, Appellee.

District Court of Appeal of Florida, Fourth District.

Rehearing Denied December 20, 2000.


Attorney(s) appearing for the Case

Richard L. Jorandby, Public Defender, and Jennifer L. Brooks, Assistant Public Defender, West Palm Beach, for appellant.

Robert A. Butterworth, Attorney General, and Daniel P. Hyndman, Assistant Attorney General, West Palm Beach, for appellee.


FARMER, J.

In this kidnapping/sexual battery case, the trial judge admitted similar fact evidence in the nature of sexual battery crimes committed more than 10 years earlier in Minnesota. Defendant argues that the only function of this similar fact evidence was to prove his propensity to commit the crimes charged. We reverse.

The victim in this case testified that she was on the phone at a gas station trying to get a ride to work when defendant overheard her...

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