DAVID SCOTT PENNER, APPELLANT,
v.
STATE OF FLORIDA, APPELLEE
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David Penner appeals his convictions for two counts of manslaughter arising from a boating accident, challenging the admission of a police report containing a prior consistent statement by an emergency medical services technician. The court affirmed the convictions, holding that the statement was admissible under Florida's hearsay exception for prior consistent statements offered to rebut charges of recent fabrication.
The court held that the police report was admissible because there was ample evidence in the record that Penner's cross-examination of the technician involved an express or implied charge of recent fabrication, which triggered the hearsay exception for prior consistent statements under Florida law.
[1] A prior consistent statement of a witness is admissible to rebut a charge of recent fabrication, whether express or implied, of the witness's testimony.
[2] A police report containing a witness's prior statement may be admissible under the prior consistent statement exception to the hearsay rule when offered to rebut a charge…
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Join FLexlaw to unlock all legal intelligence“This statute excepts from the proscription of the hearsay rule prior consistent statements of a witness where it is offered to rebut a charge, whether express or implied, of recent fabrication of the testimony of the witness.”
States the applicable hearsay exception under Florida law that governed admissibility of the prior consistent statement.
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Join FLexlaw to unlock all legal intelligencePenner was prosecuted for two counts of manslaughter, vessel homicide, and operating a vessel while intoxicated stemming from a fatal boating accident…
The full statement of facts, procedural history, and disposition for this case are member content.
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PER CURIAM.
David Scott Penner appeals from his convictions for two counts of manslaughter stemming from a prosecution of charges of manslaughter, vessel homicide, and operating a vessel while intoxicated. The evidentiary error he raises concerns the introduction of a police report during the state’s redirect questioning of an emergency medical services technician which he alleges unnecessarily and prejudicially bolstered and highlighted the testimony of that witness at a crucial point in the trial. The police report contained this witness’s statement that the witness overheard the appellant say that it was the appellant who was driving the boat at the time of the fatal accident. We write to address his contention that the report was inadmissible hearsay in violation of section 90.801(2)(b), Florida Statutes (1987).
This statute excepts from the proscription of the hearsay rule prior consistent statements of a witness where it is offered to rebut a charge, whether express or implied, of recent fabrication of the testimony of the witness. Van Gallon v. State, 50 So. 2d 882 (Fla.1951).
After a careful review of the record, we conclude that there is ample evidence to support the ruling of the trial court that there was such a charge of fabrication, implied or direct, during this witness’s cross-examination thus allowing the evidence of the prior consistent testimony of the witness on redirect. Because that is so, we do not disturb the court’s exercise of discretion in its ruling. Kelley v. State, 486 So. 2d 578 (Fla.1986).
We affirm the appellant’s convictions and sentence for the two counts of manslaughter. SCHOONOVER, C.J., DANAHY, J., and JAMES R. CASE, Associate Judge, concur.
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Citator
Authorities Cited
- Kelley v. State, 486 So. 2d 578 (Fla. 1986)
- Van Gallon v. State, 50 So. 2d 882 (Fla. 1951)