WILLIAM BOSHEARS, APPELLANT,
v.
STATE OF FLORIDA, APPELLEE
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PER CURIAM.
We affirm the judgment against appellant for sexual battery of a child under the age of eleven years, finding his two substantive points to be without merit. First, the trial court did not err in failing to grant a mistrial simply because two of the potential jury members stated in voir dire that they had been rape victims. Stevens v. State, 251 So. 2d 565 (Fla. 1st DCA 1971). Second, the court did not err in restricting certain discovery and cross-examination of the victim because there was no showing that the excluded matter had any relevance to the disputed issues in the trial or to the victim’s credibility. Contrast Jenkins v. State, 349 So. 2d 1191 (Fla. 4th DCA 1977); Lombardi v. State, 358 So. 2d 220 (Fla. 1st DCA 1978).
There was error, however, in the court’s failure to specify appellant’s jail-time credit in the sentence. Randall v. State, 352 So. 2d 566 (Fla. 2d DCA 1977). Accordingly, we remand for that correction but appellant need not be present at that time.
ROBERT P. SMITH, Jr., Acting C. J., and ERVIN and LARRY G. SMITH, JJ., concur.
Cases With Similar Vibessemantic neighbors from the corpus
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Pulido v. State, 566 So. 2d 1388 (Fla. 3d DCA 1990)…after the charged sexual assaults, inasmuch as no showing was made below as to how such evidence was relevant to this case, see Medina v. State, 466 So. 2d 1046, 1050 (Fla.1985); Washington v. State, 432 So. 2d 44, 47 (Fla.1983); Boshears v. State, 371 So. 2d 725 (Fla. 1st DCA 1979). Second, we have had some pause with the trial court’s ruling allowing the complainant to testify that she “lost” her baby; she had previously testified that she was pregnant at the time of the charged sexual assaults. However,…
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Jackson v. State, 411 So. 2d 296 (Fla. 3d DCA 1982)…PER CURIAM. Affirmed. Boshears v. State, 371 So. 2d 725 (Fla. 1st DCA 1979); Jefferson v. State, 298 So. 2d 465 (Fla. 3d DCA 1974); Maycock v. State, 284 So. 2d 411 (Fla. 3d DCA 1973).…
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Boshears v. State, 511 So. 2d 721 (Fla. 1st DCA 1987)…nd with directions. On September 20, 1978, a jury found appellant guilty of two counts of sexual battery upon a child. Appellant was sentenced to serve two concurrent life sentences. The convictions and sentences were affirmed in Boshears v. State, 371 So. 2d 725 (Fla. 1st DCA 1979). On November 2, 1979, appellant filed his first motion for post-conviction relief. The denial of that motion was affirmed by this court on October 8, 1980. On November 17, 1986, appellant filed the rule 3.850 motion which is the…
Authorities Cited
- Stevens v. State, 251 So. 2d 565 (Fla. 1st DCA 1971)
- Lombardi v. State, 358 So. 2d 220 (Fla. 1st DCA 1978)
- Jenkins v. State, 349 So. 2d 1191 (Fla. 4th DCA 1977)
- Randall v. State, 352 So. 2d 566 (Fla. 2d DCA 1977)