SOMERVELL v. STATE

No. 5D03-1751.

883 So.2d 836 (2004)

Gardiner S. SOMERVELL, Appellant, v. STATE of Florida, Appellee.

District Court of Appeal of Florida, Fifth District.

Rehearing Denied October 12, 2004.


Attorney(s) appearing for the Case

James B. Gibson, Public Defender, and Marvin F. Clegg, Assistant Public Defender, Daytona Beach, for Appellant.

Charles J. Crist, Jr., Attorney General, Tallahassee, and Timothy D. Wilson, Assistant Attorney General, Daytona Beach, for Appellee.


MONACO, J.

The appellant, Gardiner S. Somervell, appeals the judgment and sentence arising from his conviction of attempted lewd and lascivious conduct with an 8-year old male. Mr. Somervell argues that he is entitled to a new trial because he believes that his Sixth Amendment right to confront the witnesses against him was violated. We affirm.

In Crawford v. Washington, ___ U.S. ___, 124 S.Ct. 1354, 158 L.Ed.2d 177 (2004), the United States Supreme...

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