STEVE MONTGOMERY, APPELLANT,
v.
THE STATE OF FLORIDA, APPELLEE
Explore caselaw by topic → Browse Lewd And Lascivious Assault cases and more on FLexlaw
PER CURIAM.
This is an appeal by the defendant Steve Montgomery from final judgments of conviction and sentences for (1) sexual battery by one eighteen years of age on one under twelve years of age [§ 794.011(2), Fla.Stat. (1987)], (2) attempted sexual battery by one eighteen years of age on one under twelve years of age [§ 794.011(2), Fla.Stat. (1987)], and (3) lewd and lascivious assault [§ 800.04, Fla.Stat. (1987) ]. The defendant raises one point on appeal, namely, that the trial court committed reversible error in admitting in evidence at trial that the defendant had sexually assaulted the victim’s sister. Because (a) the defendant was the stepfather of both the victim and the victim’s sister, and (b) the sexual assaults against both children occurred within a familial context, we conclude that the complained-of evidence was admissible to corroborate the victim’s testimony at trial, and, accordingly, no reversible error is presented by this point. Beasley v. State, 518 So. 2d 917 (Fla.1988); Heuring v. State, 513 So. 2d 122 (Fla.1987).
Affirmed.
Cases With Similar Vibessemantic neighbors from the corpus
Citator
Cited By
-
Adkins v. State, 605 So. 2d 915 (Fla. 1st DCA 1992)…stimony. Calloway, supra. Following Heuring, each of the other district courts has reached the same conclusion. See Gould v. State, 558 So. 2d 481 (Fla. 2d DCA 1990), quashed in part on other grounds, 577 So. 2d 1302 (Fla.1991); Montgomery v. State, 564 So. 2d 604 (Fla. 3d DCA 1990); Woodfin v. State, 553 So. 2d 1355 (Fla. 4th DCA 1989), rev. denied, 563 So. 2d 635 (Fla.1990); Anderson v. State, 549 So. 2d 807 (Fla. 5th DCA 1989), rev. denied, 560 So. 2d 232 (Fla.1990). See also: Smith v. State, 538 So. 2d 66…
-
Wilkerson v. State, 583 So. 2d 428 (Fla. 1st DCA 1991)…tening her pajama bottoms. The trial court did not err in the admission of this testimony. See Heuring v. State, 513 So. 2d 122 (Fla.1987); Calloway v. State, 520 So. 2d 665 (Fla. 1st DCA), rev. denied 529 So. 2d 693 (Fla.1988); Montgomery v. State, 564 So. 2d 604 (Fla. 3d DCA 1990). Wilkerson’s second allegation of error is premised on the provision of Rule 3.710, Florida Rules of Criminal Procedure, that “[n]o sentence or sentences other than probation shall be imposed on any defendant found guilty of a f…
-
McCASKILL v. State, 728 So. 2d 1183 (Fla. 5th DCA 1999)…een year term on the last robbery conviction, with credit for time served.1 Appellant contends that he could not legally be given consecutive terms after violation of probation when the original sentences were concurrent, citing Towbridge v. State, 564 So. 2d 604 (Fla. 3d DCA 1990). Towbridge is not in point here. In Poore v. State, 531 So. 2d 161 (Fla.1988), the supreme court made it clear that when a defendant is sentenced to a term of incarceration, none of which is suspended, to be followed by a period o…
Previewing 3 of 7 citing cases — full citator treatment, depth of discussion, and citing context are member features.
Join FLexlaw to unlock all legal intelligenceAuthorities Cited
- State v. Fundora, 513 So. 2d 122 (Fla. 1987)
- Frederick A.R. Heuring v. State, 513 So. 2d 122 (Fla. 1987)
- Beasley v. State, 518 So. 2d 917 (Fla. 1988)