No. 3D02-2652.

842 So.2d 291 (2003)

The STATE of Florida, Petitioner, v. Daniel BROCCA, Respondent.

District Court of Appeal of Florida, Third District.

April 16, 2003.

Attorney(s) appearing for the Case

Charles J. Crist, Jr., Attorney General, and Frank J. Ingrassia, Assistant Attorney General (Fort Lauderdale), for Petitioner.

Richard G. Dunberg, South Miami, for Respondent.



We affirm the trial court's finding that Section 90.803(24), Florida Statutes (2001), is unconstitutional. We agree with the trial court's reasoning, which mirrored the reasoning in the Florida Supreme Court case of Conner v. State, 748 So.2d 950 (Fla.1999).

In concurrence with the Fourth District Court of Appeal's recent opinion in State v. Hosty, 835 So.2d 1202

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