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FELLA v. STATE

No. 5D99-839.

754 So.2d 165 (2000)

John FELLA, Appellant/Cross-Appellee, v. STATE of Florida, Appellee/Cross-Appellant.

District Court of Appeal of Florida, Fifth District.

March 31, 2000.

Attorney(s) appearing for the Case

James B. Gibson, Public Defender, and S.C. Van Voorhees, Assistant Public Defender, Daytona Beach, for Appellant/Cross-Appellee.

Robert A. Butterworth, Attorney General, Tallahassee, and Carmen F. Corrente, Assistant Attorney General, Daytona Beach, for Appellee/Cross-Appellant.

GRIFFIN, J.

John Fella appeals the judgment and sentence entered after a jury found him guilty of one count of committing a lewd or lascivious act upon a child1 and one count of sexual battery on a child less than twelve years of age.2 Fella contends that the court erred (1) in admitting child hearsay statements without holding a hearing and making the findings required by statute; (2) in giving a non-standard...

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