STATE v. GAD

No. 2D09-2039.

27 So.3d 768 (2010)

STATE of Florida, Appellant, v. Mahmoud GAD, Appellee.

District Court of Appeal of Florida, Second District.

February 12, 2010.


Attorney(s) appearing for the Case

Bill McCollum, Attorney General, Tallahassee, and Helene S. Parnes, Assistant Attorney General, Tampa, for Appellant.

Jerry Berry and Michael Hopkins of Berry, Day & McFee, Naples, for Appellee.


DAVIS, Judge.

The State challenges the trial court's order granting Mahmoud Gad's motion in limine and excluding as evidence three statements made by Mr. Gad. Because the trial court abused its discretion in granting the motion, we reverse.

The State charged Mr. Gad with attempted sexual battery and battery. The depositions taken in anticipation of trial reflect that, on the night in question, Mr. Gad and the victim had gone out for drinks, leaving Mr. Gad...

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