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SHIMKO v. STATE

Nos. 4D02-4468, 4D03-18.

883 So.2d 341 (2004)

Dennis SHIMKO, Appellant, v. STATE of Florida, Appellee.

District Court of Appeal of Florida, Fourth District.

Rehearing Denied October 28, 2004.

Attorney(s) appearing for the Case

Carey Haughwout, Public Defender, and Tatjana Ostapoff, Assistant Public Defender, West Palm Beach, for appellant.

Charles J. Crist, Jr., Attorney General, Tallahassee, and Monique E. L'Italien, Assistant Attorney General, West Palm Beach, for appellee.

WARNER, J.

Appellant, Dennis Shimko, appeals his conviction for indecent assault of his two step-granddaughters. We reverse the conviction because the trial court erred in permitting the state to insinuate impeaching facts in the questioning of a defense witness without having evidence of those facts. As the entire case was a credibility contest between the victims and Shimko, the error was not harmless.

Shimko was...

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