TUSSEY v. STATE

Nos. 5D00-97, 5D00-383.

793 So.2d 1188 (2001)

Joseph R. TUSSEY, Appellant/Cross-Appellee, v. STATE of Florida, Appellee/Cross-Appellant.

District Court of Appeal of Florida, Fifth District.

September 21, 2001.


Attorney(s) appearing for the Case

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

Robert A. Butterworth, Attorney General, Tallahassee, and Wesley Heidt, Assistant Attorney General, Daytona Beach, for Appellee/Cross-Appellant.


THOMPSON, C.J.

Joseph R. Tussey appeals his convictions for lewd act upon a child and lewd act in the presence of J.S., a child. He claims that the court erred in allowing the child's mother to testify that the child told her Tussey exposed himself to the child and fondled the child. We agree and reverse.

Generally, prior consistent statements are not admissible to bolster the testimony of a witness. Chandler v. State, 702 So.2d 186...

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