Montgomery v. State, 89-770
| Decision Date | 31 July 1990 |
| Docket Number | No. 89-770,89-770 |
| Citation | 564 So.2d 604 |
| Parties | 15 Fla. L. Weekly D1968 Steve MONTGOMERY, Appellant, v. The STATE of Florida, Appellee. |
| Court | Florida District Court of Appeals |
Bennett H. Brummer, Public Defender, and Bruce A. Rosenthal, Asst. Public Defender, for appellant.
Robert A. Butterworth, Atty. Gen., and Angelica D. Zayas, Asst. Atty. Gen., for appellee.
Before HUBBART, NESBITT and LEVY, JJ.
This is an appeal by the defendant Steve Montgomery from final judgments of conviction and sentences for (1) sexual battery by one eighteen years of age on one under twelve years of age [§ 794.011(2), Fla.Stat. (1987) ], (2) attempted sexual battery by one eighteen years of age on one under twelve years of age [§ 794.011(2), Fla.Stat. (1987)], and (3) lewd and lascivious assault [§ 800.04, Fla.Stat. (1987) ]. The defendant raises one point on appeal, namely, that the trial court committed reversible error in admitting in evidence at trial that the defendant had sexually assaulted the victim's sister. Because (a) the defendant was the stepfather of both the victim and the victim's sister, and (b) the sexual assaults against both children occurred within a familial context, we conclude that the complained-of evidence was admissible to corroborate the victim's testimony at trial, and, accordingly, no reversible error is presented by this point. Beasley v. State, 518 So.2d 917 (Fla.1988); Heuring v. State, 513 So.2d 122 (Fla.1987).
Affirmed.
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Adkins v. State, 91-1389
...See Gould v. State, 558 So.2d 481 (Fla. 2d DCA 1990), quashed in part on other grounds, 577 So.2d 1302 (Fla.1991); Montgomery v. State, 564 So.2d 604 (Fla. 3d DCA 1990); Woodfin v. State, 553 So.2d 1355 (Fla. 4th DCA 1989), rev. denied, 563 So.2d 635 (Fla.1990); Anderson v. State, 549 So.2d......
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Wilkerson v. State, 90-2858
...513 So.2d 122 (Fla.1987); Calloway v. State, 520 So.2d 665 (Fla. 1st DCA), rev. denied 529 So.2d 693 (Fla.1988); Montgomery v. State, 564 So.2d 604 (Fla. 3d DCA 1990). Wilkerson's second allegation of error is premised on the provision of Rule 3.710, Florida Rules of Criminal Procedure, tha......
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