NEWELL v. STATE

No. 5D00-380.

772 So.2d 597 (2000)

Jason W. NEWELL, Appellant, v. STATE of Florida, Appellee.

District Court of Appeal of Florida, Fifth District.

December 1, 2000.


Attorney(s) appearing for the Case

James B. Gibson, Public Defender, and A.S. Rogers, Assistant Public Defender, Daytona Beach, for Appellant.

Robert A. Butterworth, Attorney General, Tallahassee, and Alfred Washington, Jr.,Assistant Attorney General, Daytona Beach, for Appellee.


HARRIS, J.

Newell was convicted of lewd and lascivious assault upon a child and appeals. We affirm.

First, Newell contends the court erred in permitting the victim to testify that she saw him naked from the waist down on an occasion prior to the assault. This incident became relevant when Newell urged that the inmate who testified that Newell had confessed to the crime had discovered that the victim had walked in on Newell while he was masturbating only from...

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