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STATE v. WRIGHT

No. 2D10-5784.

74 So.3d 503 (2011)

STATE of Florida, Petitioner, v. Randall Leon WRIGHT, Respondent.

District Court of Appeal of Florida, Second District.

Rehearing Denied October 31, 2011.

Attorney(s) appearing for the Case

Pamela Jo Bondi , Attorney General, Tallahassee, and Susan D. Dunlevy , Assistant Attorney General, Tampa, for Petitioner.

John E. Hendry , Regional Counsel, Second District, and Mark P. Brewer , Assistant Regional Counsel, Office of Criminal Conflict and Civil Regional Counsel, Sarasota, for Respondent.

MORRIS, Judge.

The State seeks a writ of certiorari to quash the trial court's order which precluded the State from presenting evidence of Wright's prior acts of domestic violence against the victim. We conclude that the trial court departed from the essential requirements of the law by applying section 90.404(2), Florida Statutes (2008), to exclude the evidence. We therefore grant the State's petition.

I. FACTS

In April 2009, Wright was charged...

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