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MATHIS v. STATE

No. 4D99-3959.

760 So.2d 1121 (2000)

Brian MATHIS, Appellant, v. STATE of Florida, Appellee.

District Court of Appeal of Florida, Fourth District.

July 5, 2000.

Attorney(s) appearing for the Case

Richard L. Jorandby, Public Defender, and Joseph R. Chloupek, Assistant Public Defender, West Palm Beach, for appellant.

Robert A. Butterworth, Attorney General, Tallahassee, and August A. Bonavita, Assistant Attorney General, West Palm Beach, for appellee.

HAZOURI, J.

Appellant, Brian Mathis (Mathis), appeals his convictions for three counts of sexual battery upon a child. Mathis raises two points on appeal and we reverse based upon a prejudicial comment that indicated Mathis had previously been incarcerated.

Mathis and Iris Sands (Sands) had two children together, B.M. and T.M. (the victim). On October 18, 1996, Sands brought the victim and B.M. to the Days Inn hotel where Mathis resided for a weekend visit...

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