FARINACCI v. STATE

No. 4D08-2336.

29 So.3d 1212 (2010)

Richard Scott FARINACCI, Appellant, v. STATE of Florida, Appellee.

District Court of Appeal of Florida, Fourth District.

March 17, 2010.


Attorney(s) appearing for the Case

Carey Haughwout, Public Defender, and Christine C. Geraghty, Assistant Public Defender, West Palm Beach, for appellant.

Bill McCollum, Attorney General, Tallahassee, and Daniel P. Hyndman, Assistant Attorney General, West Palm Beach, for appellee.


FARMER, J.

Defendant was charged with lewdly and lasciviously fondling the clothed buttocks of a child under 12. The event occurred in the aisle of a crowded supermarket in the afternoon. A video camera recorded the interior of the store. He admits he patted the child on the back but denies that he ever touched buttocks. The critical issue turns on evidence given by a police officer investigating the matter two days later.

The child was still under the age...

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