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STATE v. JENKINS

No. 93-00297.

624 So.2d 354 (1993)

STATE of Florida, Appellant, v. Dennis A. JENKINS, Appellee.

District Court of Appeal of Florida, Second District.

September 17, 1993.

Attorney(s) appearing for the Case

Robert A. Butterworth, Atty. Gen., Tallahassee, and Carol M. Dittmar, Asst. Atty. Gen., Tampa, for appellant.

James Marion Moorman, Public Defender, Bartow, and Robert D. Rosen, Asst. Public Defender, Bartow, for appellee.

PARKER, Judge.

The State of Florida seeks review of the trial court's order granting Dennis A. Jenkins' motion to prohibit introduction of similar fact evidence in this sexual battery case. The state concedes that the trial court's order is not subject to appeal under Florida Rule of Appellate Procedure 9.140(c). We treat this notice of appeal as a petition for certiorari and grant the relief sought because we conclude that the trial court's ruling departed from the...

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