DAVID LOMAX, APPELLANT,
v.
STATE OF FLORIDA, APPELLEE
PER CURIAM.
David Lomax appeals his judgments and sentences entered by the trial court after a jury found him guilty of armed kidnaping with intent to commit a felony, sexual battery, lewd act upon a child under the age of 16 years, and lewd act in the presence of a child under the age of 16 years.1 We affirm.
The trial court did not abuse its discretion in admitting similar fact evidence to prove the defendant’s identity pursuant to section 90.404(2)(a), Florida Statutes (1997). See Jorgenson v. State, 714 So. 2d 423, 427 (Fla.1998). Nor did the trial court err in admitting DNA opinion evidence even though the state’s expert witnesses did not personally compile the population statistics used in formulating their conclusions. See Murray v. State, 692 So. 2d 157, 164 (Fla.1997).
Judgments and sentences AFFIRMED.
W. SHARP, THOMPSON and ANTOON, JJ., concur. . §§ 787.01(l)(a)2, Fla. Stat. (1997) 775.087, 794.011,
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Dolan Darling v. State, 808 So. 2d 145 (Fla. 2002)…necessary for an expert witness to demonstrate practical experience in the field in which he will testify”; rather, the expert must “demonstrate a sufficient knowledge of the database grounded in the study of authoritative sources”); Lomax v. State, 727 So. 2d 376 (Fla. 5th DCA 1999) (rejecting a claim that the trial court erred in admitting DNA opinion evidence even though the State’s expert witnesses did not personally compile the population statistics used in formulating their conclusions); see also Fay v.…
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Branch v. State, 952 So. 2d 470 (Fla. 2006)…stician himself to testify as to the statistical results. See Darling v. State, 808 So. 2d 145, 158 (Fla.2002). Furthermore, admissibility is not contingent upon the expert having compiled the database himself. See id. at 158 (citing Lomax v. State, 727 So. 2d 376 (Fla. 5th DCA 1999)). Instead, “a sufficient knowledge of the authorities pertinent to the database is an adequate basis on which to render an opinion.” Butler v. State, 842 So. 2d 817, 828 (Fla.2003). Here, the record reflects that Dr. Pollock had…
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Hudson v. State, 844 So. 2d 762 (Fla. 5th DCA 2003)…n expert does not need a special degree or certificate in a specialized area if he has experience, skill and independent study a particular field). Nor is the expert required to personally compile the statistics in the database used, Lomax v. State, 727 So. 2d 376 (Fla. 5th DCA 1999), or even have practical experience in statistics, Murray v. State, 692 So. 2d 157, 164 (Fla.1997). Rather, the state must prove by a preponderance of evidence that an expert testifying about DNA statistical and population genetic…
Authorities Cited
- State v. Evans, 692 So. 2d 157 (Fla. 1997)
- Jorgenson v. State, 714 So. 2d 423 (Fla. 1998)
- Wal-Mart Stores, Inc. v. Coker, 714 So. 2d 423 (Fla. 1998)