Beasley v. State, No. 70386

CourtFlorida Supreme Court
Writing for the CourtEHRLICH; McDONALD
Citation518 So.2d 917
PartiesSammy Ray BEASLEY, Petitioner, v. STATE of Florida, Respondent.
Decision Date21 January 1988
Docket NumberNo. 70386

Page 917

518 So.2d 917
Sammy Ray BEASLEY, Petitioner,
v.
STATE of Florida, Respondent.
No. 70386.
Supreme Court of Florida.
Jan. 21, 1988.

James B. Gibson, Public Defender, Seventh Judicial Circuit, and Nancye R. Crouch, Asst. Public Defender, Daytona Beach, for petitioner.

Robert A. Butterworth, Atty. Gen., and W. Brian Bayly, Asst. Atty. Gen., Daytona Beach, for respondent.

EHRLICH, Justice.

We have for review Beasley v. State, 503 So.2d 1347 (Fla. 5th DCA 1987), which directly and expressly conflicts with decisions of this Court and other district courts. We have jurisdiction. Art. V, § 3(b)(3), Fla. Const.

The petitioner, Sammy Ray Beasley, was convicted and sentenced for two counts of attempted sexual battery and one count of lewd and lascivious assault upon his stepdaughter when she was between the ages of eleven and thirteen, in violation of sections 794.011(2), 777.04(1) and 800.04, Florida Statutes (1985). After the victim concluded her testimony at trial, the trial court granted the state's motion to permit the victim's sister to testify about similar offenses purportedly committed against her by the petitioner which began when she was approximately thirteen years of age. The trial court ruled that the sister's testimony was relevant to establish that Beasley had the opportunity to perform the illegal acts.

Beasley appealed his convictions, arguing that the trial court erred by admitting the testimony of the victim's sister. The district court affirmed his convictions, concluding "that the trial court properly allowed the victim's sister to testify because the location, times, acts, and method employed on both girls were substantially the same. The similar fact evidence was relevant to show [petitioner] had the opportunity

Page 918

to commit the crimes." Beasley, 503 So.2d at 1349 (citations omitted).

Beasley now contends that the district court misapprehended the testimony at trial and that opportunity was clearly not a material fact at issue and the sister's testimony was relevant only to prove propensity to commit the charged crime. He also contends that the acts described by the victim's sister had neither a sufficient "level of uniqueness" nor sufficient "identifiable points of similarity" to qualify as similar fact evidence. He argues that the testimony of the victim's sister was therefore inadmissible under section 90.404(2)(a), Florida Statutes (1985), and Williams v. State, 110 So.2d 654 (Fla.), cert. denied, 361...

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13 practice notes
  • Thomas v. State, No. 89-449
    • United States
    • Court of Appeal of Florida (US)
    • April 28, 1992
    ...place "this trait in issue." 450 So.2d at 210. Likewise, in Beasley v. State, 503 So.2d 1347 (Fla. 5th DCA 1987), approved, 518 So.2d 917 (Fla.1988), the district court of appeal held that, in view of the defendant's testimony that he never had an opportunity to be alone with the ......
  • Gezzi v. State, No. 88-266
    • United States
    • United States State Supreme Court of Wyoming
    • September 27, 1989
    ...family member as relevant to modus operandi, scheme, plan and design in order to corroborate the victim's testimony); Beasley v. State, 518 So.2d 917 (Fla.1988) (opportunity); McGuire v. State, 188 Ga.App. 891, Page 986 374 S.E.2d 816 (1988) (notes that an exception to the general rule that......
  • Saffor v. State, No. 91-2667
    • United States
    • Court of Appeal of Florida (US)
    • September 15, 1993
    ...recognizes that in such cases, the evidence's probative value outweighs its prejudicial effect." Id. at 125. In Beasley v. State, 518 So.2d 917 (Fla.1988), the supreme court approved its holding in Heuring. While not specifically stated Page 34 in either opinion, it appears the supreme......
  • Snowden v. State, No. 86-1249
    • United States
    • Court of Appeal of Florida (US)
    • January 24, 1989
    ...in such cases the evidence's probative value outweighs its prejudicial effect." 513 So.2d at 124-25. Page 1390 See Beasley v. State, 518 So.2d 917 (Fla.1988); Calloway v. State, 520 So.2d 665, 667 (Fla. 1st DCA 1988) (testimony of two other girls that they too had been molested by vict......
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13 cases
  • Thomas v. State, No. 89-449
    • United States
    • Court of Appeal of Florida (US)
    • April 28, 1992
    ...place "this trait in issue." 450 So.2d at 210. Likewise, in Beasley v. State, 503 So.2d 1347 (Fla. 5th DCA 1987), approved, 518 So.2d 917 (Fla.1988), the district court of appeal held that, in view of the defendant's testimony that he never had an opportunity to be alone with the ......
  • Gezzi v. State, No. 88-266
    • United States
    • United States State Supreme Court of Wyoming
    • September 27, 1989
    ...family member as relevant to modus operandi, scheme, plan and design in order to corroborate the victim's testimony); Beasley v. State, 518 So.2d 917 (Fla.1988) (opportunity); McGuire v. State, 188 Ga.App. 891, Page 986 374 S.E.2d 816 (1988) (notes that an exception to the general rule that......
  • Saffor v. State, No. 91-2667
    • United States
    • Court of Appeal of Florida (US)
    • September 15, 1993
    ...recognizes that in such cases, the evidence's probative value outweighs its prejudicial effect." Id. at 125. In Beasley v. State, 518 So.2d 917 (Fla.1988), the supreme court approved its holding in Heuring. While not specifically stated Page 34 in either opinion, it appears the supreme......
  • Snowden v. State, No. 86-1249
    • United States
    • Court of Appeal of Florida (US)
    • January 24, 1989
    ...in such cases the evidence's probative value outweighs its prejudicial effect." 513 So.2d at 124-25. Page 1390 See Beasley v. State, 518 So.2d 917 (Fla.1988); Calloway v. State, 520 So.2d 665, 667 (Fla. 1st DCA 1988) (testimony of two other girls that they too had been molested by vict......
  • Request a trial to view additional results

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