Brown v. State, No. BQ-33

CourtFlorida District Court of Appeals
Writing for the CourtSHIVERS
Citation13 Fla. L. Weekly 914,523 So.2d 729
Parties13 Fla. L. Weekly 914 Danny Ray BROWN, Appellant, v. STATE of Florida, Appellee.
Decision Date12 April 1988
Docket NumberNo. BQ-33

Page 729

523 So.2d 729
13 Fla. L. Weekly 914
Danny Ray BROWN, Appellant,
v.
STATE of Florida, Appellee.
No. BQ-33.
District Court of Appeal of Florida,
First District.
April 12, 1988.
Rehearing Denied May 11, 1988.

Michael E. Allen, Public Defender, and David A. Davis, Asst. Public Defender, Tallahassee, for appellant.

Robert A. Butterworth, Atty. Gen., and Norma J. Mungenast, Asst. Atty. Gen., Tallahassee, for appellee.

SHIVERS, Judge.

The appellant in this case, Danny Ray Brown, appeals his convictions of attempted sexual battery upon a child less than twelve years of age and commission of a lewd act upon a child. We affirm.

According to the trial transcript contained in the record on appeal, Linda Cooper, a counsellor with the Child Protection Team who examined the five-year-old victim in this case, was qualified as an expert in the field of child sexual abuse. After Cooper had testified regarding the types of signs she generally looked for to determine whether a child had been sexually abused, and regarding whether the victim in this case had exhibited any of those signs, the prosecution asked Cooper whether,

Page 730

based on her training and experience, she had an opinion as to whether the victim had been sexually abused. Over defense counsel's objections, Cooper replied, "I do believe that [the victim] was sexually abused." The defendant argues on appeal that Cooper's response to the prosecutor's question was improper as it constituted an opinion that a crime had been committed, and served to bolster the credibility of the victim. According to appellant, Cooper could have presented the evidence to the jury in a permissible manner by using the type of language illustrated in North v. State, 65 So.2d 77 (Fla.1952) and Ferradas v. State, 434 So.2d 24 (Fla. 3d DCA 1983), i.e., that the victim's symptoms were "consistent with" one who had been sexually battered.

We affirm the admission of Cooper's testimony for two reasons. First, the appellant in this case was charged with sexual battery of a child less than twelve years of age and found guilty of attempted sexual battery. The objected-to statement made by Cooper was that, in her opinion, the victim had been sexually abused. As this court stated in Youngblood v. State, 492 So.2d 793 (Fla. 1st DCA 1986), there is no offense of sexual abuse in Florida. Cooper's testimony, therefore, was not a statement of opinion that a crime had occurred or that Brown had committed sexual battery or...

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5 practice notes
  • USA. v. Charley, No. 98-2087
    • United States
    • United States Courts of Appeals. United States Court of Appeals (10th Circuit)
    • August 27, 1999
    ...Commonwealth v. Colin C., 643 N.E.2d 19, 23 (Mass. 1994); State v. Gokey, 574 A.2d 766, 772 (Vt. 1990). But see, e.g., Brown v. State, 523 So. 2d 729, 730 (Fla. Ct. App. 1988) (holding the error harmless "in light of the overwhelming evidence of guilt"); Commonwealth v. Rather, 638 N.E.2d 9......
  • U.S. v. Charley, No. 98-2087
    • United States
    • United States Courts of Appeals. United States Court of Appeals (10th Circuit)
    • May 7, 1999
    ...C., 419 Mass. 54, 643 N.E.2d 19, 23 (Mass.1994); State v. Gokey, 154 Vt. 129, 574 A.2d 766, 772 (Vt.1990). But see, e.g., Brown v. State, 523 So.2d 729, 730 (Fla.Ct.App.1988) (holding the error harmless "in light of the overwhelming evidence of guilt"); Commonwealth v. Rather, 37 Mass.App.C......
  • Hadden v. State, No. 93-436
    • United States
    • Court of Appeal of Florida (US)
    • February 14, 1996
    ...Ward and the case at hand. See Calloway v. State, 520 So.2d 665, 668 (Fla. 1st DCA), rev. den., 529 So.2d 693 (Fla.1988); Brown v. State, 523 So.2d 729 (Fla. 1st DCA 1988). While suggesting that the time may be right to re-examine the use in Florida courts of expert testimony in child sex a......
  • State v. Malarney, Nos. 91-1003 and 91-1127
    • United States
    • Court of Appeal of Florida (US)
    • April 7, 1993
    ...520 So.2d 665 (Fla. 1st DCA), rev. denied, 529 So.2d 693 (Fla.1988); Ward v. State, 519 So.2d 1082 (Fla. 1st DCA 1988); Brown v. State, 523 So.2d 729 (Fla. 1st DCA 1988). Here, Malarney contends that the defense expert's testimony that the victim's behavior is inconsistent with that of a se......
  • Request a trial to view additional results
5 cases
  • USA. v. Charley, No. 98-2087
    • United States
    • United States Courts of Appeals. United States Court of Appeals (10th Circuit)
    • August 27, 1999
    ...Commonwealth v. Colin C., 643 N.E.2d 19, 23 (Mass. 1994); State v. Gokey, 574 A.2d 766, 772 (Vt. 1990). But see, e.g., Brown v. State, 523 So. 2d 729, 730 (Fla. Ct. App. 1988) (holding the error harmless "in light of the overwhelming evidence of guilt"); Commonwealth v. Rather, 638 N.E.2d 9......
  • U.S. v. Charley, No. 98-2087
    • United States
    • United States Courts of Appeals. United States Court of Appeals (10th Circuit)
    • May 7, 1999
    ...C., 419 Mass. 54, 643 N.E.2d 19, 23 (Mass.1994); State v. Gokey, 154 Vt. 129, 574 A.2d 766, 772 (Vt.1990). But see, e.g., Brown v. State, 523 So.2d 729, 730 (Fla.Ct.App.1988) (holding the error harmless "in light of the overwhelming evidence of guilt"); Commonwealth v. Rather, 37 Mass.App.C......
  • Hadden v. State, No. 93-436
    • United States
    • Court of Appeal of Florida (US)
    • February 14, 1996
    ...Ward and the case at hand. See Calloway v. State, 520 So.2d 665, 668 (Fla. 1st DCA), rev. den., 529 So.2d 693 (Fla.1988); Brown v. State, 523 So.2d 729 (Fla. 1st DCA 1988). While suggesting that the time may be right to re-examine the use in Florida courts of expert testimony in child sex a......
  • State v. Malarney, Nos. 91-1003 and 91-1127
    • United States
    • Court of Appeal of Florida (US)
    • April 7, 1993
    ...520 So.2d 665 (Fla. 1st DCA), rev. denied, 529 So.2d 693 (Fla.1988); Ward v. State, 519 So.2d 1082 (Fla. 1st DCA 1988); Brown v. State, 523 So.2d 729 (Fla. 1st DCA 1988). Here, Malarney contends that the defense expert's testimony that the victim's behavior is inconsistent with that of a se......
  • Request a trial to view additional results

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