BLANTON v. STATE

No. 5D03-3143.

880 So.2d 798 (2004)

Jesse L. BLANTON, Appellant, v. STATE of Florida, Appellee.

District Court of Appeal of Florida, Fifth District.

August 13, 2004.


Attorney(s) appearing for the Case

James B. Gibson, Public Defender, and Rose M. Levering, Assistant Public Defender, Daytona Beach, for Appellant.

Charles J. Crist, Jr., Attorney General, Tallahassee, and Robin A. Compton, Assistant Attorney General, Daytona Beach, for Appellee.


TORPY, J.

ON MOTION FOR REHEARING

We grant rehearing to address one point, discussed in footnote 4, and supplant our prior opinion. In all other respects the Motion for Rehearing is denied.

In this capital sexual battery case, Appellant raises two issues: First, whether the child victim hearsay exception set forth in section 90.803(23), Florida Statutes (2003), applies if the child victim was age 11 or less at the time she gave a statement to police...

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