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HARDEN v. STATE

No. 1D00-4083.

812 So.2d 593 (2002)

Marvin Jack HARDEN, Appellant, v. STATE of Florida, Appellee.

District Court of Appeal of Florida, First District.

April 4, 2002.

Attorney(s) appearing for the Case

Nancy A. Daniels, Public Defender; Leonard Holton, Assistant Public Defender, Tallahassee, for Appellant.

Robert A. Butterworth, Attorney General; Giselle Lylen Rivera, Assistant Attorney General, Tallahassee, for Appellee.

PER CURIAM.

Appellant, Marvin Jack Harden (Harden), appeals his conviction and sentence for two counts of unnatural and lascivious act. We hold that the victim's prior inconsistent statement was improperly admitted into evidence. The state's theory was that the statement was admissible as a prior recorded recollection. The statement in the instant case did not meet the requirements of section 90.803(5), Florida Statutes. See Hendrieth v. State,

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