E.C., A JUVENILE, APPELLANT,
v.
THE STATE OF FLORIDA, APPELLEE
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The court reversed a juvenile's adjudication for aggravated battery because the trial court erred in excluding testimony about the juvenile's awareness of the victim's prior violent incidents, which was relevant to establish the juvenile's reasonable belief in the necessity of defending another person.
A trial court errs in excluding testimony about a defendant's awareness of a victim's prior violent incidents when offered to show the defendant's reasonable belief in the necessity of self-defense or defense of another, rather than to impeach the victim or prove the incidents occurred.
[1] Testimony regarding a defendant's awareness of a victim's prior violent incidents is admissible to establish the defendant's reasonable belief in the necessity of self-de…
Previewing 1 of 1 headnotes on this case. FLexlaw’s editorially structured points of law — every proposition, pinpointed — are reserved for members.
Join FLexlaw to unlock all legal intelligence“was apparent from the context within which the [question was] asked”
Explaining why an offer of proof was unnecessary for the proposed testimony about the juvenile's awareness of prior incidents.
A juvenile was charged with aggravated battery against a security guard at an apartment complex during a fight involving the juvenile's friend. The se…
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DANIEL S. PEARSON, Judge.
We reverse the adjudication of delinquency for aggravated battery and remand the cause for a new adjudicatory hearing.
The testimony of several witnesses that the victim, a security guard in an apartment complex, reached for his nightstick during a fight with the juvenile’s friend, established a sufficient predicate for defense counsel’s questioning of the juvenile as to the juvenile’s awareness of prior incidents of violence perpetrated by the security guard. It was error for the trial court to sustain the State’s objection to such testimony on the ground that a necessary predicate to its introduction was that the victim be asked about and deny such prior incidents of violence, since the testimony was not offered to impeach the victim or to prove that the prior incidents in fact occurred, but offered only to show that the juvenile believed the incidents occurred and, therefore, reasonably believed his conduct to be necessary to defend another against the security guard’s imminent use of unlawful force. Garner v. State, 28 Fla. 113, 9 So. 835 (1891); Smith v. State, 410 So. 2d 579 (Fla. 4th DCA 1982); Banks v. State, 351 So. 2d 1071 (Fla. 4th DCA 1977); Lewis v. State, 335 So. 2d 336 (Fla. 2d DCA 1976); Williams v. State, 252 So. 2d 243 (Fla. 4th DCA 1981).
See § 776.-012, Fla.Stat. (1981).
Because the substance of the proposed testimony, that is, that the juvenile was aware of prior incidents of violence perpetrated by the security guard, “was apparent from the context within which the [question was] asked,” an offer of proof was unnecessary. See § 90.-104(l)(b), Fla.Stat. (1981).
Reversed and remanded.
Cases With Similar Vibessemantic neighbors from the corpus
Citator
Cited By
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E.B. v. State, 531 So. 2d 1053 (Fla. 3d DCA 1988)…c acts of violence by victim admissible to show defendant’s concern for his own safety); Hager v. State, 439 So. 2d 996 (Fla. 4th DCA 1983) (sufficient predicate rendered admissible victim’s violent reputation and prior violent acts); E.C. v. State, 426 So. 2d 1292 (Fla. 3d DCA 1983) (juvenile’s awareness of prior violent acts by victim admissible to show juvenile reasonably believed his conduct necessary for self-defense); Campos v. State, 366 So. 2d 782, 784 (Fla. 3d DCA 1978) (specific violent act of victim…
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Sanchez v. State, 445 So. 2d 1 (Fla. 3d DCA 1984)…known to the defendant at the time of the shooting may be admitted for the limited purpose of proving the reasonableness of the defendant’s apprehension at the time of the shooting. Reddick v. State, 443 So. 2d 482 (Fla. 2d DCA 1984); E.C. v. State, 426 So. 2d 1292 (Fla. 3d DCA 1983);. Smith v. State, 410 So. 2d 579 (Fla. 4th DCA), rev. denied, 419 So. 2d 1200 (Fla.1982); Campos v. State, 366 So. 2d 782 (Fla. 3d DCA 1978); Lewis v. State, 335 So. 2d 336 (Fla. 2d DCA 1976); Williams v. State, 252 So. 2d 243 (Fl…
Authorities Cited
- Garner v. State, 28 Fla. 113 (Fla. 1891)
- Noble Williams v. State, 252 So. 2d 243 (Fla. 4th DCA 1971)
- Willie Banks v. State, 351 So. 2d 1071 (Fla. 4th DCA 1977)
- Smith v. State, 410 So. 2d 579 (Fla. 4th DCA 1982)
- Lewis v. State, 335 So. 2d 336 (Fla. 2d DCA 1976)