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571 So. 2d 550

Z.P. v. State

District Court of Appeal of Florida

Decided December 18, 1990

District Court of Appeal of Florida · decided 1990-12-18

Relies on 491 So. 2d 1129 - State v. DiGuilio · Purcell v. Deli Man, Inc. · Postell v. State

Decided 1990-12-18

PER CURIAM.

¶1Holding that the trial court committed reversible error, State v. DiGuilio, 491 So.2d 1129 (Fla.1986), in permitting a witness to testify regarding the results of a report, we reverse the adjudication of delinquency. Because the report was based on statements of non-testifying declarants, the testimony improperly created the “inescapable inference” that non-testifying witnesses provided evidence of Z.P.’s guilt. Postell v. State, 398 So.2d 851, 854 (Fla. 3d DCA), review denied, 411 So.2d 384 (Fla.1981). Accordingly, we remand for a new trial.

¶2Reversed and remanded.

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