ROBERTS v. STATE

No. 2D00-3872.

816 So.2d 1175 (2002)

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

District Court of Appeal of Florida, Second District.

May 10, 2002.


Attorney(s) appearing for the Case

James Marion Moorman, Public Defender, and Kevin Briggs, Assistant Public Defender, Bartow, for Appellant.

Robert A. Butterworth, Attorney General, Tallahassee, and Erica M. Raffel, Assistant Attorney General, Tampa, for Appellee.


FULMER, Judge.

Brian Roberts appeals from his convictions for capital sexual battery and lewd act on a child. Because the trial court improperly ordered the courtroom cleared of spectators when the child victim testified, we reverse.

At trial, before the eleven-year-old victim testified, the prosecutor requested the trial judge to clear the courtroom of all spectators except the guardian ad litem and the victim advocate. The prosecutor alleged that the victim...

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