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FOREMAN v. STATE

No. 2D05-5911.

965 So.2d 1171 (2007)

Ronald Wayne FOREMAN, Appellant, v. STATE of Florida, Appellee.

District Court of Appeal of Florida, Second District.

August 15, 2007.

Attorney(s) appearing for the Case

Elton J. Gissendanner III, of E.J. Gissendanner III, P.A., Tampa, for Appellant.

Bill McCollum, Attorney General, Tallahassee, and Laura Fisher Zibura, Assistant Attorney General, West Palm Beach, for Appellee.

CASANUEVA, Judge.

Ronald Wayne Foreman, convicted of two counts of capital sexual battery on a single victim under twelve years old, asserts that the trial court erred by admitting irrelevant and prejudicial testimony elicited by the State. We agree and because we are unable to conclude that the State met its burden to demonstrate harmless error, we reverse and remand for a new trial.

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