Dupree v. State

MILLS, Judge.

From his conviction and sentence for sexual battery by using physical force and violence not likely to cause serious personal injury, Section 794.011(5), Florida Statutes (1981), Dupree appeals, contending that the trial court erred in allowing the State to call a rebuttal witness. We affirm.

At Dupree’s trial, after the State had presented its case in chief, the defense called Anita Malick, who was to testify about an incident which occurred between Dupree and the victim approximately one week before the trial. She was allowed to testify over the State’s objection that her name…