DALE WILLIAM HANDWERK, JR., APPELLANT,
v.
THE STATE OF FLORIDA, APPELLEE
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PER CURIAM.
We affirm on the grounds that the testimony of the expert witness — a medical doctor qualified as an expert in matters of involuntary sexual battery — that there was injury to the child’s anal cavity and that the injury was inconsistent with accident or self-infliction, but was consistent with an intentional penetration by another person sufficiently established the corpus delicti as a predicate for admitting defendant’s confession, see e.g., Vaillancourt v. State, 288 So. 2d 216 (Fla.1974); Holland v. State, 359 So. 2d 28 (Fla.3d DCA 1978), cert. denied, 367 So. 2d 1124 (Fla.1979); Eierle v. State, 358 So. 2d 1160 (Fla.3d DCA 1978), cert. denied, 364 So. 2d 884 (Fla.1978). The time period stated within the indictment as the date of offense is not a necessary element to establishing the corpus delicti.
Affirmed.
Cases With Similar Vibessemantic neighbors from the corpus
Citator
Cited By
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State v. Ochoa, 576 So. 2d 854 (Fla. 3d DCA 1991)…e of trustworthiness where the hearsay exception is not firmly rooted. . In some instances, corpus delicti has been established by medical testimony alone for purposes of admitting a confession in a child sexual battery case. See Handwerk v. State, 404 So. 2d 828 (Fla. 3d DCA 1981); Hester v. State, 310 So. 2d 455 (Fla. 2d DCA 1975). See generally Ussery v. State, 382 So. 2d 380 (Fla. 3d DCA 1980).…
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Fridovich v. State, 489 So. 2d 143 (Fla. 4th DCA 1986)…hemselves are directed to expert inferences to be drawn from a set of facts, not personal opinions of guilt or innocence. Case law reflects that medical examiners are routinely called to offer the sort of opinion offered here, see Handwerk v. State, 404 So. 2d 828 (Fla. 3d DCA 1981). We also believe that Dr. Tate’s opinion was admissible because his conclusion, but not the reasons therefor, [*146] had already been admitted in evidence as part of his report, and others had been allowed to express their opinion…
Authorities Cited
- Holland v. State, 359 So. 2d 28 (Fla. 3d DCA 1978)
- Vaillancourt v. State, 288 So. 2d 216 (Fla. 1974)
- Eierle v. State, 358 So. 2d 1160 (Fla. 3d DCA 1978)