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831 So. 2d 756

Staples v. State

District Court of Appeal of Florida

Decided November 20, 2002

District Court of Appeal of Florida · decided 2002-11-20

Relies on Lewis v. State

Decided 2002-11-20

¶1CORRECTED OPINION

PER CURIAM.

¶2The opinion issued in this case on September 25, 2002 is withdrawn, and the following opinion is substituted in its place.

¶3We reverse an order summarily denying appellant’s rule 3.850 motion post-conviction relief for an evidentiary hearing on the second ground of appellant’s motion, concerning a witness named Rodriguez. We disagree with the state that the purported testimony of Rodriguez would necessarily be inadmissable under the rape shield statute, 794.022, Florida Statutes (1995). Lewis v. State, 591 So.2d 922 (Fla.1991).

KLEIN, GROSS and TAYLOR, JJ., concur.
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