MICHAEL MANN
v.
STATE OF FLORIDA
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Michael Mann appeals his convictions for sexual battery and kidnapping. Mann challenges the trial court's admission of evidence that he committed a similar kidnapping and sexual battery approximately three weeks before the charged offenses. The court affirms the convictions, finding the prior crime evidence admissible.
The trial court did not err in admitting the evidence of the prior similar crime. Even if the crimes were insufficiently similar under Florida Statute section 90.404(2)(a), the requirements for admission under section 90.404(2)(c) were satisfied.
[1] Evidence of a prior similar offense is admissible to show a common scheme or plan even when the prior and charged crimes are not sufficiently similar for admission under…
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Join FLexlaw to unlock all legal intelligenceMann attacked a young woman by luring her into his vehicle and driving her to a secluded location, where he kidnapped and sexually assaulted her. Appr…
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PER CURIAM.
The appellant, Michael Mann, challenges his convictions and sentences for sexual battery and kidnapping. He raises numerous issues, all of which we find to be without merit. However, we briefly address his claim that the trial court erred in admitting evidence that Mann committed a similar kidnapping and sexual battery less than one month before the instant offenses.
The charges against Mann arose from his attack of a young woman after he lured her into his vehicle and drove her to a secluded location. Prior to trial, the state noticed its intent to introduce evidence that about three weeks before Mann committed the charged crimes, he kidnapped and raped another young woman.
The trial court held a hearing to determine whether the evidence was admissible at trial. Both victims testified regarding details of their encounters with Mann. Their testimony reflected many similarities between the offenses and some differences. The defense argued that the crimes were not sufficiently similar for the evidence to be admissible. The trial court found the evidence was admissible. Based on our review of the record, we find the trial court did not err in admitting the evidence. Even if it could be said that the crimes were not sufficiently similar to be introduced under section 90.404(2)(a), Florida Statutes (2014), the requirements for admission under section 90.404(2)(c) were satisfied. See Whisby v. State, 262 So. 3d 228, 232 (Fla. 1st DCA 2018).
Affirmed. GROSS, MAY and CIKLIN, JJ., concur. * * * Not final until disposition of timely filed motion for rehearing.
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- Whisby v. State, 262 So. 3d 228 (Fla. 1st DCA 2018)