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DANIELS v. STATE

No. 2D07-3782.

4 So.3d 745 (2009)

Edward Leon DANIELS, Appellant, v. STATE of Florida, Appellee.

District Court of Appeal of Florida, Second District.

March 4, 2009.

Attorney(s) appearing for the Case

James Marion Moorman, Public Defender, and James T. Miller, Special Assistant Public Defender, Bartow, for Appellant.

Bill McCollum, Attorney General, Tallahassee, and Cerese Crawford Taylor, Assistant Attorney General, Tampa, for Appellee.

WALLACE, Judge.

Edward Leon Daniels appeals his judgment and life sentence for committing a sexual battery on a child less than twelve years of age, a violation of section 794.011(2), Florida Statutes (2005 and 2006). The trial court abused its discretion in permitting a medical witness to give expert opinion testimony that lacked a proper factual basis. Because we are unable to conclude that this error was harmless, we reverse Mr. Daniels' judgment and sentence and...

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