STATE OF FLORIDA, PETITIONER,

v.

ERNEST EUGENE GIBBS, RESPONDENT

Citator

Cited By

• Flanagan v. State, 586 So. 2d 1085 (Fla. 1st DCA 1991)
  …d that the similar fact testimony of V.L. in this case was clearly relevant to prove a material fact in issue—motive or intent, as required by Section 90.404(2)(a), Florida Statutes (1985). Gibbs v. State, 394 So. 2d 231, 232 (Fla. 1st DCA), aff'd., 406 So. 2d 1113 (Fla.1981) (existence of a lustful attitude towards stepdaughter, proven by prior sexual assaults, makes it more likely or probable that the defendant possessed the same state of mind on the date of the offense); Potts v. State, 427 So. 2d 822 (Fla.…
• Lazarowicz v. State, 561 So. 2d 392 (Fla. 3d DCA 1990)
  …his stepdaughter, proven by prior sexual assaults, made it more likely or probable that the defendant possessed a similar state of mind toward his stepdaughter on date of alleged [*396] offense and such was relevancy beyond mere propensity), aff'd, 406 So. 2d 1113 (Fla.1981); Whiteman v. State, 343 So. 2d 1340 (Fla. 2d DCA), cert. denied, 353 So. 2d 681 (Fla.1977) (admissible in prosecution under section 794.011 as relevant to manner in which defendant exercised his parental authority over victim); Summit v.…
• Beasley v. State, 503 So. 2d 1347 (Fla. 5th DCA 1987)
  …d 224 (Fla. 1st DCA 1978); Cantrell v. State, 193 So. 2d 444 (Fla. 2d DCA 1966); Andrews v. State, 172 So. 2d 505 (Fla. 1st DCA 1965); Ross v. State, 112 So. 2d 69 (Fla. 3d DCA 1959). See also Gibbs v. State, 394 So. 2d 231 (Fla. 1st DCA), affirmed, 406 So. 2d 1113 (Fla.1981) (evidence about prior sex acts committed by defendant towards stepdaughter held admissible). The decision cited by the dissent, Coler v. State, 418 So. 2d 238 (Fla.1982), cert. denied, 459 U.S. 1127, 103 S.Ct. 763, 74 L.Ed.2d 978 (1983),…

Authorities Cited

• Murray v. State, 403 So. 2d 417 (Fla. 1981)
• Gibbs v. State, 394 So. 2d 231 (Fla. 1st DCA 1981)