District Court of Appeal of Florida April 4, 2002, No. 1D00-4083 (Harden v. State)

PER CURIAM.

Appellant, Marvin Jack Harden (Harden), appeals his conviction and sentence for two counts of unnatural and lascivious act. We hold that the victim’s prior inconsistent statement was improperly admitted into evidence. The state’s theory was that the statement was admissible as a prior recorded recollection. The statement in the instant case did not meet the requirements of section 90.