WOODARD v. STATE

No. 1D07-2204.

978 So.2d 217 (2008)

Melvin WOODARD, Appellant, v. STATE of Florida, Appellee.

District Court of Appeal of Florida, First District.

March 31, 2008.


Attorney(s) appearing for the Case

Nancy A. Daniels, Public Defender, and Joel Arnold, Assistant Public Defender, Tallahassee, for Appellant.

Bill McCollum, Attorney General, and Donna A. Gerace, Assistant Attorney General, Tallahassee, for Appellee.


KAHN, J.

The issue in this case is whether section 90.404(2)(b), Florida Statutes (2006), allowed the admission of certain evidence by the trial court. Appellant Woodard stood charged with two counts of lewd or lascivious molestation. Because the ruling below strayed from our supreme court's authoritative construction of the statute in question, we reverse and remand for a new trial.

The charges in this case alleged appellant's commission of lewd or lascivious...

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