Hanson v. State, 4-86-2686
Decision Date | 24 June 1987 |
Docket Number | No. 4-86-2686,4-86-2686 |
Citation | 508 So.2d 780,12 Fla. L. Weekly 1546 |
Parties | 12 Fla. L. Weekly 1546 Christopher HANSON, Appellant, v. STATE of Florida, Appellee. |
Court | Florida District Court of Appeals |
Richard L. Jorandby, Public Defender and Anthony Calvello, Asst. Public Defender, West Palm Beach, for appellant.
Robert A. Butterworth, Jr., Atty. Gen., Tallahassee, and Diane E. Leeds, Asst. Atty. Gen., West Palm Beach, for appellee.
The defendant was convicted of sexual battery and attempted sexual battery upon a child under twelve as well as lewd, lascivious or indecent assault upon a child under sixteen. We affirm.
Defendant raises three issues here, only one of which bears discussion; namely, whether the trial court should have sustained the defendant's objection to the testimony of the physician who examined the victim. The questioned testimony is as follows:
Q. What did you talk about with Stephanie?
A. I have written down what she told me. This was done way back. I don't remember exactly but I have notes, my notes here.
Q. What was it?
A. She said, "Chris Hanson."
* * *
* * *
(Objection was made by appellant's counsel and was overruled by court)
Q. What did she say?
A. Chris Hanson had sex with her about four or five times this summer and she said it happened at his house and she denied having any boyfriends.
Section 90.803(4), Florida Statutes (1985) provides an exception to the hearsay rule, as follows:
STATEMENTS FOR PURPOSES OF MEDICAL DIAGNOSIS OR TREATMENT--Statements made for purposes of medical diagnosis or treatment by a person seeking the diagnosis or treatment, or made by an individual who has knowledge of the facts and is legally responsible for the person who is unable to communicate the facts, which statements describe medical history, past or present symptoms, pain, or sensations, or the inceptions or general character of the cause or external source thereof, insofar as reasonably pertinent to diagnosis or treatment.
It was not error in the instant case for the physician to testify that the victim said that someone had sex with her, it was error--albeit harmless in this case--for the physician to recite the name of the person who had sex with her. Here, as in Begley v. State, 483 So.2d 70 (Fla. 4th DCA 1986), not only was there the testimony of the victim, but also the defendant's inculpatory statement. Moreover, in this case the child kept a diary of the episodes. Hence the physician's mention of the...
To continue reading
Request your trial-
Flanagan v. State
...denied, 488 U.S. 901, 109 S.Ct. 250, 102 L.Ed.2d 239 (1988), Bradley v. State, 546 So.2d 445 (Fla. 1st DCA 1989) and Hanson v. State, 508 So.2d 780 (Fla. 4th DCA 1987). We find each of these cases to be factually distinguishable or otherwise In Torres-Arboledo, the Florida Supreme Court hel......
-
Lazarowicz v. State, 86-1457
...any such showing. Accordingly, Jennifer's prior consistent statements to the nurse should not have been admitted, see Hanson v. State, 508 So.2d 780 (Fla. 4th DCA 1987); Begley, 483 So.2d at 70, although these statements may be admissible on retrial if a purpose pertinent to diagnosis or tr......
-
State v. Ochoa, 89-399
...Ordinarily such a statement of identity is excluded when admitting evidence under subsection 90.803(4). See, e.g., Hanson v. State, 508 So.2d 780, 781 (Fla. 4th DCA 1987). See generally C. Ehrhardt, Florida Evidence § 803.4 (2d ed. 1984 and supplement 1989). The State has followed that appr......
-
State v. Jones
...perpetrator are not pertinent to diagnosis or treatment. See State v. Ochoa, 576 So.2d 854, 855 n. 2 (Fla. 3d DCA1991); Hanson v. State, 508 So.2d 780 (Fla. 4th DCA1987). In Flanagan, however, the First District Court of Appeal relied on a line of federal cases construing a similar medical ......