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SHIVELY v. STATE

No. 5D98-2697.

752 So.2d 84 (2000)

Mark SHIVELY, Appellant, v. STATE of Florida, Appellee.

District Court of Appeal of Florida, Fifth District.

February 25, 2000.

Attorney(s) appearing for the Case

James B. Gibson, Public Defender, and Thomas J. Lukashow, Assistant Public Defender, Daytona Beach, for Appellant.

Robert A. Butterworth, Attorney General, Tallahassee, and David H. Foxman, Assistant Attorney General, Daytona Beach, for Appellee.

PER CURIAM.

In this appeal, Mark Shively argues that the trial court erred by admitting evidence showing that a third party witness saw him french-kissing the victim and that another witness saw him standing naked, talking with the minor victim in her home. He asserts that but for the admission of this testimony, the jury may not have reached a verdict of guilty of the first degree felony of sexual battery upon a child by...

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