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N.C. v. STATE

No. 1D06-2591.

947 So.2d 1201 (2007)

N.C., a child, Appellant, v. STATE of Florida, Appellee.

District Court of Appeal of Florida, First District.

January 25, 2007.

Attorney(s) appearing for the Case

Nancy A. Daniels, Public Defender, and David P. Gauldin, Assistant Public Defender, Tallahassee, for Appellant.

Bill McCollum, Attorney General, and Giselle Lylen Rivera, Assistant Attorney General, Tallahassee, for Appellee.

THOMAS, J.

Appellant appeals his delinquency adjudication for sexual battery and raises three issues on appeal. We affirm without discussion the first issue regarding whether the child victim was competent to testify during the hearing; however, because the trial court improperly admitted the child victim's hearsay statement under section 90.803(23), Florida Statutes (2005), we must reverse Appellant's adjudication of delinquency and remand for a new adjudicatory...

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