R.T.L., A CHILD, APPELLANT,
v.
STATE OF FLORIDA, APPELLEE

Fla. 4th DCA | 2000-08-09
No. 4D99-2998
WARNER, C.J., STEVENSON, J., and OFTEDAL, RICHARD, Associate Judge, concur.
764 So. 2d 871 Florida District Court of Appeal, Fourth District (2000) Positive Treatment
Cited by 8 cases

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Synopsis

A juvenile appeals his domestic battery conviction where the sole evidence of intent came from the victim's (his mother's) prior inconsistent statement. The court reversed, holding that prior inconsistent statements alone are insufficient to prove guilt beyond a reasonable doubt, and no corroborating evidence supported the element of intent.


Holding

The court reversed the conviction, holding that a prior inconsistent statement is insufficient by itself to prove an essential element of the crime (intent), and where no other evidence corroborates the prior statement regarding intentional touching, the evidence is insufficient to support a battery conviction.


Headnotes

[1] A prior inconsistent statement, standing alone, is insufficient to prove guilt beyond a reasonable doubt.

[2] Intent is a necessary element of battery that must be proven by competent substantial evidence.

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Key Quotes

“a prior inconsistent statement is, by itself, insufficient to prove guilt beyond a reasonable doubt”

Establishes the foundational legal principle that defeats the state's case and requires reversal

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Facts & Procedural History

R.T.L. and his mother engaged in a physical struggle over a book. In her pre-trial written statement, the mother said R.T.L. grabbed her arms and shov…

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Opinion of the Court
PER CURIAM.

PER CURIAM.

R.T.L., a juvenile, appeals his battery conviction arguing that the trial court erred in denying his motion for judgment of acquittal where the only evidence of intent was based upon a prior inconsistent statement from the victim, R.T.L.’s mother. We agree and reverse.

The state filed a delinquency petition alleging that R.T.L. committed a domestic battery upon his mother by touching or striking her against her will. In her written statement given prior to trial, the victim stated that she and her son had engaged in a physical struggle over a book which she suspected contained drugs hidden by R.T.L. According to the victim’s statement, R.T.L. grabbed her by the arms and shoved her with the book, leaving an abrasion on her left arm.

At the delinquency hearing, the victim testified that during their “tug of war,” she bruised her arm after R.T.L. unexpectedly let go of the book. She denied that her son deliberately touched her with the book and claimed her injury was an accident. The victim did admit to having made a previous contradictory written statement but testified that she recalled events more clearly at trial than at the time of the incident. The investigating police officer also testified as to having observed some bruises and abrasions on the victim’s left arm. Photographs taken of the injuries were admitted into evidence.

Following the close of the evidence, the trial judge denied R.T.L.’s motion for judgment of acquittal and ultimately found R.T.L. delinquent for battery. In our review of the lower court’s ruling denying the defense motion for judgment of acquittal, we must determine whether the state introduced competent substantial evidence to support the guilty verdict. See Welty v. State, 402 So. 2d 1159 (Fla.1981). It is well-settled that R.T.L., as the moving party, admits to all the facts introduced in evidence and that any and all reasonable inferences must be drawn in favor of the state. See McConnehead v. State, 515 So. 2d 1046 (Fla. 4th DCA 1987).

We begin our analysis by recognizing that the supreme court has previously held that a prior inconsistent statement is, by itself, insufficient to prove guilt beyond a reasonable doubt. See State v. Moore, 485 So. 2d 1279 (Fla.1986). See also State v. Green, 667 So. 2d 756 (Fla.1995). It follows, therefore, that the state in this case cannot rely upon the victim’s prior inconsistent statement as the sole evidence of intent, a necessary and indispensable element of the charge of battery.1 While there is independent evidence establishing that the victim suffered a bodily injury as a result of an altercation with her son, we find no other evidence that corroborates her prior statement that R.T.L. committed an intentional touching.

This case is easily distinguished from State v. Bagley, 697 So. 2d 1246 (Fla. 5th DCA 1997), relied upon by the state. In Bagley, the female victim recanted at trial her earlier statements that the defendant had repeatedly struck her. However, other evidence corroborated her earlier statements, including the flight of the defendant and his admissions made to the officer at the scene. No such corroboration is present in this case.

Because the only evidence offered by the state to prove the element of intent arose from the prior inconsistent statements of the victim, the evidence is insufficient to support a conviction for battery. Accordingly, the judgment and sentence are hereby reversed.

WARNER, C.J., STEVENSON, J., and OFTEDAL, RICHARD, Associate Judge, concur. . The offense of battery occurs when a person actually and intentionally touches or strikes another person against the will of the other or intentionally causes bodily harm to another person. See § 784.03(1)(a), Fla. Stat. (1999).


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Citator

Cited By

  • Gilbert v. State, 817 So. 2d 980 (Fla. 4th DCA 2002)
    …he jury and denied the motion. On review of a lower court’s ruling on a motion for judgment of acquittal, the appellate court determines whether the state introduced competent substantial evidence to support the guilty verdict. See R.T.L. v. State, 764 So. 2d 871, 872 (Fla. 4th DCA 2000). The defendant, as the moving party, admits all the facts introduced into evidence and all reasonable inferences that may be drawn therefrom in favor of the state. See id. For a conviction for grand theft, the State must es…
  • Keydrum Blue v. State, 837 So. 2d 541 (Fla. 4th DCA 2003)
    …defendant, in moving for a judgment of acquittal, admits not only the facts stated in the evidence adduced, but also admits every conclusion favorable to the state that a jury might fairly and reasonably infer from the evidence. See R.T.L. v. State, 764 So. 2d 871, 872 (Fla. 4th DCA 2000). We must review the record to determine whether there is sufficient evidence to support the jury’s verdict. Id. For a conviction for resisting an officer without violence, the State must show that: (1) the officer was engage…
  • Delbert Beard v. State, 842 So. 2d 174 (Fla. 2d DCA 2003)
    …tentionally or knowingly causes great [*176] bodily harm, permanent disability, or permanent disfigurement; or 2.[u]ses a deadly weapon.” Intent is a necessary element of battery, and must be determined by surrounding circumstances. R.T.L. v. State, 764 So. 2d 871 (Fla. 4th DCA 2000); Paul v. Holbrook, 696 So. 2d 1311 (Fla. 5th DCA 1997). A defendant who does not intend the injuries received by the victim does not commit aggravated battery. Knott v. State, 573 So. 2d 179 (Fla. 2d DCA 1991). In Pagan v. State…

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