STACEY ELLEN LADD, APPELLANT,
v.
STATE OF FLORIDA, APPELLEE
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LEHAN, Judge.
We affirm defendant’s conviction for second-degree murder. Contrary to defendant’s contention, we do not conclude that the trial court erred in excluding until defendant testified expert testimony that defendant suffered from the battered child syndrome.
Defendant’s argument is that the trial court thereby improperly required defendant to testify. We disagree. The trial court did not err in determining that no other testimony provided a predicate for that expert testimony. Defendant simply chose to testify in order to obtain the admission of that testimony. See Tullis v. State, 556 So. 2d 1165 (Fla. 3d DCA 1990).
Also, the substantial part of her testimony about the murder, which she contends led to her conviction, was upon questioning by defense counsel. See Stanley v. State, 357 So. 2d 1031, 1034 (Fla. 3d DCA), cert. denied, 364 So. 2d 891 (1978).
Affirmed.
SCHOONOVER, C.J., and . THREADGILL, J., concur.
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Powell v. Begonia Jimenez Powell, 604 So. 2d 30 (Fla. 2d DCA 1992)…ing raised probably [sic], and if there are serious problems in rearing the child, and the mother is at fault, then I don’t think there should be any question that she should not have custody. The trial judge labored, as he did in Cuffie v. Cuffie, 564 So. 2d 587 (Fla. 2d DCA1990), under the misapprehension that the primary residential custody of a child of tender years may be denied to a mother only if she is determined to be unfit. The trial judge further stated: I’m very familiar with the Kuffy [sic] cas…
Authorities Cited
- Stanley v. State, 357 So. 2d 1031 (Fla. 3d DCA 1978)
- Wiley Linyer Hernandez v. State, 556 So. 2d 1165 (Fla. 3d DCA 1990)
- Tullis v. State, 556 So. 2d 1165 (Fla. 3d DCA 1990)