Ferradas v. State, 82-1352
| Decision Date | 05 July 1983 |
| Docket Number | No. 82-1352,82-1352 |
| Citation | 434 So.2d 24 |
| Parties | Luis FERRADAS, Appellant, v. The STATE of Florida, Appellee. |
| Court | Florida District Court of Appeals |
John H. Lipinski, Miami, for appellant.
Jim Smith, Atty. Gen. and William P. Thomas, Asst. Atty. Gen., for appellee.
Before NESBITT, BASKIN and FERGUSON, JJ.
The record contains competent evidence upon which a jury could find, beyond a reasonable doubt, that the sexual act between the victim and the defendant was nonconsensual. Further, the court's exclusion of evidence that the victim had successfully escaped an attempted gang assault two years earlier was not an abuse of discretion. See Nelson v. State, 395 So.2d 176 (Fla. 1st DCA 1980) (); Ray v. State, 262 So.2d 475 (Fla. 3d DCA 1972) ().
Finally, the court properly allowed a physician from the Rape Treatment Center to testify, in response to a leading question, that the victim's injuries were consistent with forced sexual intercourse. See § 90.703, Fla.Stat. (1981) ().
Affirmed.
To continue reading
Request your trial
-
McLean v. State, 2D98-3582.
...with the victim having forced sexual intercourse. See Bloodworth v. State, 504 So.2d 495 (Fla. 1st DCA 1987); Ferradas v. State, 434 So.2d 24 (Fla. 3d DCA 1983). However, in this case, the prosecutor asked about the victim's actions and whether she acted in any way inconsistently with the w......
- Fernander v. State, 82-2080
-
Bloodworth v. State, BL-333
...the view that the trial court did not err in allowing this opinion testimony. See Section 90.703, Florida Statutes 1; Ferradas v. State, 434 So.2d 24 (Fla. 3rd DCA 1983) (opinion that rape victim's injuries were consistent with forced sexual intercourse properly admitted); Kruse v. State, 4......
-
Brown v. State, BQ-33
...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 We affirm the admission of Cooper's test......