CHARLES HENRY SUMMIT, APPELLANT,
v.
THE STATE OF FLORIDA, APPELLEE
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The court held that testimony concerning prior sexual offenses with the victim and her sister was relevant and admissible to show motive and intent.
Defendant was convicted of lewd and lascivious conduct upon a female child under fourteen. On appeal, the defendant argued that the trial court erred …
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PER CURIAM.
Defendant-appellant was informed against, tried by jury, convicted, and sentenced to ten (10) years imprisonment for lewd and lascivious conduct upon a female child under the age of fourteen (14) [Fla. Stat. § 800.04, F.S.A.].
On appeal one of appellant’s contentions is that the trial court erred in admitting into evidence testimony concerning prior sexual offenses with the victim and the victim’s sister. We cannot agree.
We find Ross v. State, Fla.App.1959, 112 So. 2d 69 to be controlling. In Ross, this Court, citing Talley v. State, 160 Fla. 593, 36 So. 2d 201 and Williams v. State, Fla.1959, 110 So. 2d 654, held that in a prosecution for assault in a lewd and lascivious manner upon a girl under 14 years of age, evidence of similar conduct toward another young girl on a continuing series of occasions, was relevant and admissible to show character of the deed as to motive, intent, and absence of mistake.
Turning to the case sub judice, we find the testimony of the victim and her sister regarding prior similar conduct on the part of the defendant with them to show the character of the deed as to motive and intent to be relevant and admissible. Therefore, we hold the trial court to be correct in denying defendant’s motion for mistrial on the grounds that the above testimony was admitted improperly. On appeal, defendant-appellant additionally argues that the evidence was insufficient to support the conviction. We disagree.
Upon a review of the evidence, we conclude that it was sufficient to support the judgment. See Giuliano v. State, Fla.1950, 46 So. 2d 182.
We also have considered appellant’s remaining points on appeal and find them to be without merit.
Accordingly, the judgment appealed must be and hereby is affirmed.
Affirmed.
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Jackson v. State, 522 So. 2d 802 (Fla. 1988)…e, 430 So. 2d 908 (Fla. 3d DCA 1982); Wooten v. State, 398 So. 2d 963 (Fla. 1st DCA), pet for review dismissed, 407 So. 2d 1107 (Fla.1981); Outler v. State, 322 So. 2d 623 (Fla. 3d DCA 1975), cert. denied, 336 So. 2d 107 (Fla.1976); Summit v. State, 285 So. 2d 670 (Fla. 3d DCA 1973); Hutchinson v. State, 102 So. 2d 44 (Fla. 2d DCA 1958). The testimony by Lucas of an assault on an unnamed person prior to meeting McKay on the day of the murders was also properly admissible. The alleged assault on the unnamed p…
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Cotita v. State, 381 So. 2d 1146 (Fla. 1st DCA 1980)…e court held the evidence admissible because it “established a course of conduct in the commission of the crime charged in the instant case.” (193 So. 2d 445) Florida courts have stated other bases of relevancy in similar cases. In Summit v. State, 285 So. 2d 670 (Fla. 3rd DCA 1973), evidence of prior similar lewd and lascivious acts against the victim of the offense charged and against her sistér was. held properly admitted, the court holding (285 So. 2d at 670): “[W]e find the testimony of the victim and…1 / 3
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Lazarowicz v. State, 561 So. 2d 392 (Fla. 3d DCA 1990)…981); Whiteman v. State, 343 So. 2d 1340 (Fla. 2d DCA), cert. denied, 353 So. 2d 681 (Fla.1977) (admissible in prosecution under section 794.011 as relevant to manner in which defendant exercised his parental authority over victim); Summit v. State, 285 So. 2d 670 (Fla. 3d DCA 1973) (admissible to show character of defendant as to motive and intent); § 90.404(2), Fla. Stat. (1985). In Gibbs, the court observed that evidence of similar sex acts against the victim in the case being tried is far less subject to…
Previewing 3 of 7 citing cases — full citator treatment, depth of discussion, and citing context are member features.
Join FLexlaw to unlock all legal intelligenceAuthorities Cited
- Williams v. State, 110 So. 2d 654 (Fla. 1959)
- Talley v. State, 160 Fla. 593 (Fla. 1948)
- Ross v. State, 112 So. 2d 69 (Fla. 3d DCA 1959)