MIGUEL ANGEL GUTIERREZ, APPELLANT,
v.
THE STATE OF FLORIDA, APPELLEE
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SCHWARTZ, Chief Judge.
Rejecting the appellant’s primary claim of error on this appeal from his conviction for child abuse, we hold that the trial court properly admitted testimony of an ac-knowledgedly qualified expert physician, Dr. Apollo, that, to a “95 percent or more” medical certainty, the injuries sustained by the victim in this case were “consistent” with physical abuse. §§ 90.702, 90.703, Fla. Stat. (1997) (“Testimony in the form of an opinion or inference otherwise admissible is not objectionable because it includes an ultimate issue to be decided by the trier of fact.”); Glendening v. State, 536 So. 2d 212, 220-221 (Fla.1988), cert. denied, 492 U.S. 907, 109 S.Ct. 3219, 106 L.Ed.2d 569 (1989); State v. Townsend, 635 So. 2d 949 (Fla.1994). Compare Farley v. State, 324 So. 2d 662 (Fla. 4th DCA 1975), cert. denied, 336 So. 2d 1184 (Fla.1976)(opinion that defendant committed crime inadmissable); Spradley v. State, 442 So. 2d 1039 (Fla. 2d DCA 1983)(same). By the same token, the doctor’s report, containing roughly the same opinion, was also correctly admitted. See § 90.803(6)(b), Fla. Stat. (1997).
Affirmed.
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Citator
Cited By (13 total)
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Jones v. State, 747 So. 2d 982 (Fla. 3d DCA 1999)…7 So. 2d 538 (Fla.1998). Therefore, I believe that this court should recede from its opinion in Higgs v. State, 695 So. 2d 872 (Fla. 3d DCA 1997), and its progeny,1 reverse the appellant’s sentence and remand for resentencing. . See Lee v. State, 739 So. 2d 1175 (Fla. 3d DCA 1999); Williams, 731 So. 2d at 99; Valdes, 728 So. 2d at 1225; McGowan v. State, 725 So. 2d 470 (Fla. 3d DCA 1999); Russell v. State, 725 So. 2d 1274 (Fla. 3d DCA 1999); Waldo v. State, 728 So. 2d 280 (Fla. 3d DCA 1999); Robbins v. Stat…
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State v. Sercey, 825 So. 2d 959 (Fla. 1st DCA 2002)…amount of drugs can explain impaired conduct.” It asserted that the expert opinions on impairment were scientific, not legal, and challenged the argument that the opinions “would invade the ultimate province of the jury,” citing Gutierrez v. State, 739 So. 2d 1175 (Fla. 3d DCA 1999). It stated that it would establish “by the required burden of preponderance that the methodology employed by the State’s experts in this case is generally accepted in the relevant scientific community, that the results obtained th…
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Cazeau v. State, 740 So. 2d 1250 (Fla. 3d DCA 1999)…So. 2d 538 (Fla.1998). Therefore, I believe that this court should recede from its opinion in Higgs v. State, 695 So. 2d 872 (Fla. 3d DCA 1997), and its progeny 1, reverse the appellant’s sentence and remand for resentencing. . See Lee v. State, 739 So. 2d 1175 (Fla. 3d DCA 1999); Williams v. State, 731 So. 2d 99 (Fla. 3d DCA 1999); Valdes, 728 So. 2d at 1225; McGowan v. State, 725 So. 2d 470 (Fla. 3d DCA 1999); Russell v. State, 725 So. 2d 1274 (Fla. 3d DCA 1999); Waldo v. State, 728 So. 2d 280 (Fla. 3d D…
Previewing 3 of 13 citing cases — full citator treatment, depth of discussion, and citing context are member features.
Join FLexlaw to unlock all legal intelligenceAuthorities Cited
- State v. Townsend, 635 So. 2d 949 (Fla. 1994)
- Glendening v. State, 536 So. 2d 212 (Fla. 1988)
- Whatley v. Skaggs Cos., Inc., 492 U.S. 907 (U.S. 1989)
- Posey v. Ohio, 492 U.S. 907 (U.S. 1989)
- Goldstein v. I.R.E. Realty Advisors, Inc., 442 So. 2d 1039 (Fla. 3d DCA 1983)
- Farley v. State, 324 So. 2d 662 (Fla. 4th DCA 1975)