SMITH v. STATE

No. 4D09-1874.

98 So.3d 632 (2012)

Donna SMITH, Appellant, v. STATE of Florida, Appellee.

District Court of Appeal of Florida, Fourth District.

September 5, 2012.


Attorney(s) appearing for the Case

Richard G. Bartmon , Boca Raton, for appellant.

Pamela Jo Bondi , Attorney General, Tallahassee, and Mitchell A. Egber , Assistant Attorney General, West Palm Beach, for appellee.


WARNER, J.

We reverse appellant's convictions for one count of sexual battery on a child and one count of lewd or lascivious molestation. First, the trial court erred in refusing to allow her to call an assistant state attorney to whom the victim recanted his accusations and subsequently retracted his recantation. This ruling deprived appellant of evidence of both motive and improper influence which factored significantly into her defense. As to the lewd and lascivious...

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