JOHN JENKINS, APPELLANT,
v.
THE STATE OF FLORIDA, APPELLEE
AI-generated. These summaries, headnotes, and key points are machine-generated and may contain errors or omissions. Always verify against the full opinion text below. Not legal advice.
John Jenkins appeals his convictions for sexual battery, lewd assault, and kidnapping. The court affirmed the convictions but reversed the sentences because the trial court imposed consecutive sentences as a departure from sentencing guidelines without announcing reasons for the departure.
The convictions are affirmed because the trial court did not abuse its discretion in admitting hearsay testimony, excluding the deposition, or denying the motion for new trial. However, the sentences are reversed because the imposition of consecutive sentences constituted a departure from sentencing guidelines without stated reasons, and the case is remanded for resentencing.
[1] A trial court complies with statutory requirements for admitting hearsay testimony of child victims when it makes extensive findings determining the reliability of the te…
[2] A trial court does not abuse its discretion by refusing to admit an entire deposition to impeach a witness when the inconsistent portions are read into the record and the…
Previewing 2 of 5 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“In admitting the hearsay testimony of the child victims, the court complied with the requirements of section 90.803(23), Florida Statutes (1989) and made extensive findings determining the reliability of the children's testimony.”
Establishes that the trial court properly admitted hearsay evidence by complying with statutory requirements and making reliability findings.
Previewing 1 of 3 key quotes on this case — the court’s exact language, pinpointed for members.
Join FLexlaw to unlock all legal intelligenceJenkins was convicted of sexual battery, lewd assault, and kidnapping. The trial court admitted hearsay testimony from child victims under Florida Sta…
The full statement of facts, procedural history, and disposition for this case are member content.
Join FLexlaw to unlock all legal intelligence© FLexlaw, Inc. — AI-generated enrichments are proprietary. All rights reserved.
Explore caselaw by topic → Browse Inconsistent Statements cases and more on FLexlaw
JORGENSON, Judge.
John Jenkins appeals from judgments of conviction and sentences for sexual battery, lewd assault, and kidnapping. We affirm the convictions, but reverse the sentences and remand for resentencing.
We find no abuse of discretion in the trial court’s evidentiary rulings. In admitting the hearsay testimony of the child victims, the court complied with the requirements of section 90.803(23), Florida Statutes (1989) and made extensive findings determining the reliability of the children’s testimony. See Perez v. State, 536 So. 2d 206 (Fla.1988), cert. denied, 492 U.S. 923, 109 S.Ct. 3253, 106 L.Ed.2d 599 (1989).
The trial court also properly exercised its discretion in refusing to admit, in its totality, a deposition offered to impeach a witness’ trial testimony. The trial court permitted defense counsel to read into the record those portions of the deposition that were inconsistent with the witness’ trial testimony. The defense also called as a witness the court reporter who had transcribed the deposition; she testified that based upon an examination of her notes, the transcript of the deposition was correct. Because the relevant portions of the deposition were read to the jury, the remainder of the deposition was properly excluded. Cf. Hills v. State, 428 So. 2d 318 (Fla. 1st DCA 1983) (trial court erred in playing entire tape recording of grand jury testimony where only short segments necessary to show witness’ prior inconsistent statements).
Furthermore, we find no error in the trial court’s denial of defendant’s motion for a new trial based on defense counsel’s statement, made orally at the sentencing hearing, that he had discovered a newspaper in the room in which the jury had deliberated.1 See State v. Hamilton, 574 So. 2d 124 (Fla.1991) (when unreasonable allegation of juror misconduct made, court need not conduct inquiry; defendant must allege facts establishing prima facie argument for prejudice).
Although we affirm the convictions, we reverse the sentences. Imposition of the consecutive sentences in this case amounted to a departure from the sentencing guidelines; the trial court announced no reasons for such a departure. On remand, however, the trial court is not required to impose a sentence within the sentencing guidelines, as our review of the transcript of the sentencing hearing indicates that the court was not aware that it was imposing a departure sentence. See State v. Betancourt, 552 So. 2d 1107 (Fla.1989) (where trial court did not recognize that it was imposing a departure sentence, court not required to impose guidelines sentence on remand for failure to state reasons for such departure).
Affirmed in part; reversed in part; remanded for further proceedings.
. The newspaper contained two articles dealing with investigations into child sexual abuse cases unrelated to defendant's case.
Cases With Similar Vibessemantic neighbors from the corpus
Citator
Cited By
-
Fidelia Alexander v. Bird Rd. Ranch & Stables, Inc., 599 So. 2d 229 (Fla. 3d DCA 1992)…ride.2 Thus, the owner’s description of the accident was not proper impeachment of his earlier statements. See Fogel v. Mirmelli, 413 So. 2d 1204, 1207 (Fla. 3d DCA 1982); C. Ehrhardt, Florida Evidence § 608.4 (1992 Ed.); see also Jenkins v. State, 586 So. 2d 1334 (Fla. 3d DCA 1991); Hills v. State, 428 So. 2d 318 (Fla. 1st DCA 1983); see generally Smith v. State, 573 So. 2d 306, 313 (Fla.1990); Tallahassee Memorial Regional Medical Ctr., Inc. v. Meeks, 560 So. 2d 778, 781 (Fla.1990) (“Generally, a witness ma…
Authorities Cited
- State v. Betancourt, 552 So. 2d 1107 (Fla. 1989)
- State v. Thewell Eugene Hamilton, 574 So. 2d 124 (Fla. 1991)
- Perez v. State, 536 So. 2d 206 (Fla. 1988)
- Williamson v. Buckingham, 492 U.S. 923 (U.S. 1989)
- Corbit v. Denley, 492 U.S. 923 (U.S. 1989)
- Lancia v. State, 428 So. 2d 318 (Fla. 4th DCA 1983)