ROBERT MOSS, APPELLANT,
v.
THE STATE OF FLORIDA, APPELLEE
Explore caselaw by topic → Browse Excited Utterance Exception cases and more on FLexlaw
PER CURIAM.
This is an appeal by the defendant Robert Moss from final judgments of convictions and sentences for attempted sexual battery and simple battery arising out of a domestic violence incident, based on an adverse jury verdict. We affirm based on a holding that the state has demonstrated beyond a reasonable doubt that there is no reasonable possibility that the erroneous admission in evidence of the complainant’s written statement to the police contributed to the guilty verdict and thus the subject error was harmless. We reach this result because the written statement was very abbreviated in nature, as well as cumulative of a more detailed oral statement to the police made by the complainant which was properly admitted in evidence as an excited utterance. State v. DiGuilio, 491 So. 2d 1129 (Fla.1986).
Affirmed.
Cases With Similar Vibessemantic neighbors from the corpus
Citator
Cited By
-
Taylor v. State, 789 So. 2d 523 (Fla. 3d DCA 2001)…2d 185 (Fla. 3d DCA 1994); and (c) the admission of the written statement was plainly cumulative and thus harmless beyond a reasonable doubt. Goodwin v. State, 751 So. 2d 537 (Fla.1999); State v. DiGuilio, 491 So. 2d 1129 (Fla.1986); Moss v. State, 664 So. 2d 1061 (Fla. 3d DCA 1995), review denied, 675 So. 2d 928 (Fla.1996). Affirmed.…
Authorities Cited
- State v. DiGUILIO, 491 So. 2d 1129 (Fla. 1986)