WILLIE G. BANKS, APPELLANT,
v.
THE STATE OF FLORIDA, APPELLEE
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PER CURIAM.
Of the several issues raised by the defendant on this appeal from his sexual battery convictions, the only one which merits specific attention is the claim that the physician to whom the alleged rape was reported was improperly allowed to testify that the victim identified Banks as the perpetrator. Because the point was not properly preserved below by a specific and timely objection, Douglas v. State, 328 So. 2d 18 (Fla.), cert. denied, 429 U.S. 871, 97 S.Ct. 185, 50 L.Ed.2d 151 (1976); Hoyt v. State, 119 So. 2d 691 (Fla.1959), aff'd, 368 U.S. 57, 82 S.Ct. 159, 7 L.Ed.2d 118 (1961); Russell v. Wainwright, 266 So. 2d 375 (Fla. 4th DCA 1972); Scarpati v. State, 224 So. 2d 335 (Fla. 3d DCA 1969), cert. denied, 234 So. 2d 119 (Fla. 1969), however, the point does not justify reversal. The other issues presented are similarly without merit. See Oregon v. Kennedy, 456 U.S. 667, 102 S.Ct. 2083, 72 L.Ed.2d 416 (1982); State v. T.S., 627 So. 2d 1254 (Fla. 3d DCA 1993); Burgess v. State, 644 So. 2d 589 (Fla. 4th DCA 1994); Faison v. State, 426 So. 2d 963 (Fla.1983).
Affirmed.
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Pa. Lumbermens Mut. Ins. Co. v. The Sunrise Club, Inc., 711 So. 2d 593 (Fla. 3d DCA 1998)…point only if neither possible finding against them is supported by the record. See Barth v. Khubani, 705 So. 2d 72 (Fla. 3d DCA 1997). In fact, there is ample evidence to justify an adverse verdict as to both. See Dennies Contracting Co. v. Hersh, 702 So. 2d 1381 (Fla. 3d DCA 1997); Wong Ken, 685 So. 2d at 1002; Espino v. Anez, 665 So. 2d 1080 (Fla. 3d DCA 1995); Nuta v. Genders, 617 So. 2d 329 (Fla. 3d DCA 1993); Hirsch v. Mount Sinai Medical Ctr., Inc., 458 So. 2d 6 (Fla. 3d DCA 1984). There is also no m…
Authorities Cited (13 total)
- Oregon v. Kennedy, 456 U.S. 667 (U.S. 1982)
- Faison v. State, 426 So. 2d 963 (Fla. 1983)
- Hoyt v. Florida, 368 U.S. 57 (U.S. 1961)
- Douglas v. State, 328 So. 2d 18 (Fla. 1976)
- Mitchell et ux. v. Ford Motor Co., 429 U.S. 871 (U.S. 1976)
- Hoyt v. State, 119 So. 2d 691 (Fla. 1959)
- Lucas v. Rivers, 429 U.S. 871 (U.S. 1976)
- Burgess v. State, 644 So. 2d 589 (Fla. 4th DCA 1994)
- Scarpati v. State, 224 So. 2d 335 (Fla. 3d DCA 1969)
- State v. T.S., 627 So. 2d 1254 (Fla. 3d DCA 1993)