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SZUBA v. STATE

No. 2D97-5183.

749 So.2d 551 (2000)

Ryan SZUBA, Appellant, v. STATE of Florida, Appellee.

District Court of Appeal of Florida, Second District.

January 14, 2000.

Attorney(s) appearing for the Case

Michael V. Giordano, Tampa, for Appellant.

Robert A. Butterworth, Attorney General, Tallahassee, and Anne E. Sheer, Assistant Attorney General, Tampa, for Appellee.

ALTENBERND, Judge.

Ryan Szuba appeals his conviction for one count aggravated battery and two counts of criminal mischief. We reverse because the trial court permitted a law enforcement officer to testify, over objection, to hearsay. Because the eyewitnesses gave contradictory descriptions of the perpetrator of this crime at trial, it was harmful error to allow the State to buttress its case through the use of this inadmissible testimony.1

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