Legal Opinion

Preston v. State

District Court of Appeal of Florida

Decided June 12, 1985No. 84-2018PublishedCited by 19 opinions

1Opinion of the Court

470 So.2d 836 (1985)

John PRESTON, Appellant,

v.

STATE of Florida, Appellee.

No. 84-2018.

District Court of Appeal of Florida, Second District.

June 12, 1985.

Douglas A. Wallace, Bradenton, for appellant.

Jim Smith, Atty. Gen., Tallahassee, and Karla J. Staker, Asst. Atty. Gen., Tampa, for appellee.

OTT, Acting Chief Judge.

A jury found appellant guilty of the crime of sexual battery. Because we find the trial court erred in admitting prejudicial hearsay testimony, we reverse and remand for a new trial.

In the afternoon of September 10, 1983, the prosecutrix and her boyfriend went to a restaurant in…

2Cases cited4 opinions

  1. McElveen v. StateDistrict Court of Appeal of Florida · 1982
  2. Kellam v. ThomasDistrict Court of Appeal of Florida · 1974
  3. Lyles v. StateDistrict Court of Appeal of Florida · 1982
  4. Lamb v. StateDistrict Court of Appeal of Florida · 1978

3Cited by19 opinions

  1. Carroll v. StateDistrict Court of Appeal of Florida · 1987
  2. Lazarowicz v. StateDistrict Court of Appeal of Florida · 1990
  3. Jenkins v. StateDistrict Court of Appeal of Florida · 1989
  4. Charlot v. StateDistrict Court of Appeal of Florida · 1996
  5. Quiles v. StateDistrict Court of Appeal of Florida · 1988

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