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HERNANDEZ v. STATE

No. 2D05-4048.

946 So.2d 1270 (2007)

Javier HERNANDEZ, Appellant, v. STATE of Florida, Appellee.

District Court of Appeal of Florida, Second District.

January 26, 2007.

Attorney(s) appearing for the Case

Jorge Leon Chalela, Tampa, for Appellant.

Bill McCollum, Attorney General, Tallahassee, and Tiffany Gatesh Fearing, Assistant Attorney General, Tampa, for Appellee.

WALLACE, Judge.

Javier Hernandez appeals his judgment and sentence for sexual battery by a person less than eighteen years of age upon a person less than twelve years of age, section 794.011(2)(b), Florida Statutes (2004). The young victim of the alleged sexual battery and her parents were unavailable at trial and Mr. Hernandez did not have a prior opportunity to cross-examine them. Over timely defense objection, the trial court permitted a nurse who was a member...

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