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668 So. 2d 274

Lowe v. State

District Court of Appeal of Florida

Decided February 15, 1996

District Court of Appeal of Florida · decided 1996-02-15

Cited by 1 later decisions — most recently November 1998

1 district ·

Relies on 485 So. 2d 1279 - The Florida Bar v. Greene · State v. Green

Good law ✅— No negative treatment on recordhow we know

Decided 1996-02-15

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PER CURIAM.

¶1Appellant raises eight issues challenging his convictions on three counts of sexual battery on a child less than twelve years of age and three counts of lewd and lascivious assault. We affirm in part and reverse in part.

¶2We affirm without further discussion all but two of the issues raised. Appellant claims the trial court erred by denying judgment of acquittal as to counts three and five, respectively a sexual battery charge and a lewd and lascivious assault charge. We agree and reverse based on the holding in State v. Green, 667 So.2d 756. (Fla.1995), that a prior inconsistent statement alone is insufficient as a matter of law to prove guilt beyond a reasonable doubt. See State v. Moore, 485 So.2d 1279 (Fla.1986). We reverse and vacate only the convictions and sentences on counts three and five.

ERVIN, MINER and LAWRENCE, JJ., concur.
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