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State v. Gant

District Court of Appeal of Florida, Fifth District
Feb 2, 2007
946 So. 2d 1291 (Fla. Dist. Ct. App. 2007)

Opinion

No. 5D06-3566.

February 2, 2007.

Petition for Certiorari Review of Order from the Circuit Court for Osceola County, Frederick J. Lauten, Judge.

Harrison T. Slaughter, Jr., of Leventhal Slaughter, P.A., Orlando, for Petitioner.

Lawson L. Lamar, State Attorney, and Linda Drane Burdick, Assistant State Attorney, Orlando, for Respondent.


The State of Florida seeks certiorari review of the trial court's non-final order suppressing similar fact evidence from being admitted during George Gant's sexual battery trial. The State has failed to demonstrate that the trial court's ruling departs from the essential requirements of law; therefore, its petition for certiorari review is denied.

The trial court entered a thoughtful and considered order after applying the correct legal test to the evidence offered. The court carefully articulated the positive and negative aspects of the State's similar fact evidence and conducted the proper balancing test, as codified in section 90.403 of the Florida Statutes (2006).

PETITION DENIED.

PALMER, ORFINGER and EVANDER, JJ., concur.


Summaries of

State v. Gant

District Court of Appeal of Florida, Fifth District
Feb 2, 2007
946 So. 2d 1291 (Fla. Dist. Ct. App. 2007)
Case details for

State v. Gant

Case Details

Full title:STATE of Florida, Petitioner, v. George Albert GANT, Respondent

Court:District Court of Appeal of Florida, Fifth District

Date published: Feb 2, 2007

Citations

946 So. 2d 1291 (Fla. Dist. Ct. App. 2007)