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HERRERA-VEGA v. STATE

No. 5D03-1817.

888 So.2d 66 (2004)

Marcelino HERRERA-VEGA, Appellant, v. STATE of Florida, Appellee.

District Court of Appeal of Florida, Fifth District.

Rehearing Denied December 14, 2004.

Attorney(s) appearing for the Case

James B. Gibson, Public Defender, and Noel A. Pelella, Assistant Public Defender, Daytona Beach, for Appellant.

Charles J. Crist, Jr., Attorney General, Tallahassee, and Bonnie Jean Parrish, Assistant Attorney General, Daytona Beach, for Appellee.

GRIFFIN, J.

Marcelino Herrera-Vega ["Vega"] timely appeals his conviction for sexual battery. We affirm his conviction and write only to address the issue he has raised in reliance on Crawford v. Washington, 541 U.S. 36, 124 S.Ct. 1354, 158 L.Ed.2d 177 (2004).

On July 14, 2002, three-year-old D.H. spontaneously told her mother, as she was putting on the child's underpants, that twenty-year-old Vega had placed his tongue...

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