Gaffney v. State
Decision Date | 13 August 1999 |
Docket Number | No. 98-04079.,98-04079. |
Citation | 742 So.2d 358 |
Parties | Todd Michael GAFFNEY, Appellant, v. STATE of Florida, Appellee. |
Court | Florida District Court of Appeals |
Randall G. Blankenship of Randall G. Blankenship, P.A., Winter Haven, for Appellant.
Robert A. Butterworth, Attorney General, Tallahassee and Stephen D. Ake, Assistant Attorney General, Tampa, for Appellee.
Appellant, Todd Michael Gaffney, raises two issues in challenging his judgment and sentence for aggravated battery. We affirm.
We find that the record discloses that Appellant's counsel specifically agreed to the instruction he now complains of in his second issue and we will address that issue no further. We also conclude from the record that the evidence adduced at trial did not support any instruction on self-defense. Appellant was tried by a jury on a charge of attempted second degree murder. The jury returned a verdict of guilt on the lesser included offense of aggravated battery.
The victim in this case was Gina Comparato, Appellant's live-in girlfriend. Neither Ms. Comparato nor Appellant testified at trial, and the record does not explain why Ms. Comparato was not a witness at trial. The victim's sister, Marie Russell, also lived with the couple. At trial, Ms. Russell testified that the victim borrowed her car on October 8, 1997 to visit a friend, Judy Williams. When she returned the following day, she appeared ill and lay down on the couch. Ms. Russell left to run errands, and called several times to check on her sister, but never received an answer. When she returned home at approximately 3:00 p.m., Appellant was outside attempting to get a broken key out of the ignition of his vehicle. Ms. Russell went into the house and discovered her sister in the bedroom unable to move, with a swollen face, and gasping for breath.
Ms. Russell went outside and confronted Appellant who told her that he and the victim had been in a fight. He stated that he did not want to call a doctor so he placed a bag of ice on the victim's head. Ms. Russell then went to seek help. When she returned, Appellant was sitting on the floor, crying, saying to himself,
Appellant refused to open the door when a police officer arrived. The sheriffs department was summoned and the house was surrounded by law enforcement. Appellant opened the door and said the victim was sick and could not be disturbed.
Three law enforcement officers testified that they responded to the call and knocked on Appellant's door without response. The armed officers surrounded the home and Appellant eventually came out of the house. The officers found the victim in the bedroom, her face black and blue, and her eyes swollen shut.
Richard Wheeler, the paramedic who treated the victim, testified that she was lifeless with shallow breathing, her eyes were purple and swollen shut, and she had numerous bruises and abrasions. The victim indicated that she hurt everywhere and that she had been beaten.
Dr. John Moore, the general surgeon who provided medical care to the victim, testified that she had contusions on her face, arms, and body; cuts on her forearms and scalp; a broken rib; and a basal skull fracture. The victim's injuries were consistent with someone who had been struck at least two times and were inconsistent with someone who had fallen.
Officer Glisson testified that he tape recorded Appellant's statement made after Appellant was informed of his rights. Appellant's taped statement was offered into evidence by the State and played for the jury. The statement is as follows:
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Phillips v. State
...a jury could find that he acted in self-defense, the court was correct in refusing the requested instruction. As in Gaffney v. State, 742 So.2d 358 (Fla. 2nd DCA 1999), there is no evidence that appellant could have reasonably believed that his conduct was necessary to defend himself from t......
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Stoker v. Stoker, 97-05031.
... ... See Ritter v. Ritter, 690 So.2d 1372 (Fla. 2d DCA 1997); State, Dept. of Health and Rehabilitative Services on Behalf of McCarthy v. McCarthy, 645 So.2d 1082 (Fla. 2d DCA 1994). Therefore, we dismiss this appeal ... ...