5D06-3566 State v. George Grant

State: Florida

Court: Florida Fifth District Court

Docket No: 5D06-3566

Case Date: 01/29/2007

Preview:IN THE DISTRICT COURT OF APPEAL OF THE STATE OF FLORIDA FIFTH DISTRICT JANUARY TERM 2007 STATE OF FLORIDA, Petitioner, v. GEORGE ALBERT GANT, Respondent. ________________________________/ Opinion filed 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. PER CURIAM. 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. Case No. 5D06-3566

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