C. H., A JUVENILE, APPELLANT,

v.

THE STATE OF FLORIDA, APPELLEE

Citator

Cited By

• Williams v. State, 967 So. 2d 735 (Fla. 2007)
  …al force likely to cause serious personal injury commits a life felony.... § 794.011(3), Fla. Stat. (Supp.1992) (emphasis supplied). Under this statute, “the state must prove the victim’s lack of consent as an element of the crime.” Hodge v. State, 419 So. 2d 346, 347 (Fla. 2d DCA 1982). Other states have considered the pregnancy of the victim of a rape to be relevant to the issue of the victim’s lack of consent, and we find the rationale of those courts to be persuasive. See, e.g., State v. Burd, 921 So. 2d…
• Coleman v. State, 485 So. 2d 1342 (Fla. 1st DCA 1986)
  …e use of such similar fact evidence has been continuously upheld by the courts of the state as a means of showing a pattern of criminality. See, e.g., Potts v. State, 427 So. 2d 822 (Fla. 2d DCA) rev. den., 434 So. 2d 888 (Fla.1983); Hodge v. State, 419 So. 2d 346 (Fla. 2d DCA 1982) rev. den., 426 So. 2d 26 (Fla.1983); Espey v. State, 407 So. 2d 300 (Fla. 4th DCA 1981); Jones v. State, 398 So. 2d 987 (Fla. 4th DCA) rev. den., 408 So. 2d 1094 (Fla.1981); Cotita v. State, 381 So. 2d 1146 (Fla. 1st DCA 1980) rev…
• Beasley v. State, 503 So. 2d 1347 (Fla. 5th DCA 1987)
  …en years of age, evidence of similar conduct towards another young girl on a continuing series of occasions, was relevant and admissible to show characteristics of the deed as to motive, intent and absence of mistake.” Id. at 670. In Hodge v. State, 419 So. 2d 346 (Fla. 2d DCA 1982), rev. denied, 426 So. 2d 26 (Fla.1983), the defendant was charged with two counts of sexual battery on his eleven year old stepdaughter. The appellate court upheld the use of testimony by defendant’s natural daughter that establis…

Authorities Cited

• United States v. Wade, 388 U.S. 218 (U.S. 1967)
• Ashford v. State, 274 So. 2d 517 (Fla. 1973)
• AVIS v. State, 221 So. 2d 235 (Fla. 1st DCA 1969)
• Duncan Reliford v. State, 241 So. 2d 871 (Fla. 2d DCA 1970)