Newman v. State, 95-3629
| Decision Date | 26 June 1996 |
| Docket Number | No. 95-3629,95-3629 |
| Citation | 676 So.2d 40 |
| Parties | 21 Fla. L. Weekly D1483 Tavares NEWMAN, Appellant, v. The STATE of Florida, Appellee. |
| Court | Florida District Court of Appeals |
Samek & Besser, and Lawrence E. Besser, Miami, for appellant.
Robert A. Butterworth, Attorney General, and Cynthia A. Greenfield, Assistant Attorney General, for appellee.
Before BARKDULL, GERSTEN and FLETCHER, JJ.
Appellant, Tavares Newman (the "defendant"), appeals his convictions for sexual battery with a firearm and false imprisonment with a firearm, claiming that certain admitted testimony violated hearsay principles. We affirm the conviction, finding no violation occurred.
In the disputed testimony, the victim's doctor testified that the victim made statements during the examination supporting the victim's testimony at trial that the defendant was armed while committing the crimes. The defendant contends that this testimony constituted inadmissible hearsay because it brought in a prior consistent statement of the victim's which did not recount facts told to the doctor to facilitate treatment or diagnosis. The defendant claims that by admitting the testimony, the victim's credibility was improperly bolstered, thereby creating reversible error. We disagree.
The defendant's assertion of error is invalid because, by failing to object to the testimony at the time it was entered, the defendant failed to preserve this point for appeal. Groover v. State, 489 So.2d 15 (Fla.1986); Dixon v. State, 592 So.2d 1241 (Fla. 3d DCA 1992); Gonzalez v. State, 571 So.2d 1346 (Fla. 3d DCA 1990), rev. denied, 584 So.2d 998 (Fla.1991). Furthermore, even if the admission was an error, it does not rise to the level of fundamental error because the testimony is cumulative and a substantial amount of other evidence points to the victim's credibility. See Larkins v. State, 655 So.2d 95 (Fla.1995); State v. DiGuilio, 491 So.2d 1129 (Fla.1986). In the absence of reversible error, we affirm the defendant's convictions.
Affirmed.
To continue reading
Request your trial
-
KS ex rel. AS v. RC ex rel. AS
...of J.O., J.M.O., S.O. and E.A., 722 So.2d 939 (Fla. 2d DCA 1998); State v. Anton, 700 So.2d 743 (Fla. 2d DCA 1997); Newman v. State, 676 So.2d 40 (Fla. 3d DCA 1996). Thus, I conclude there was sufficient clear and convincing evidence (although much was hearsay and secondhand) to support ter......
-
State, Dept. of Highway Safety v. Pipkin
...allegedly hearsay testimony could not be considered on appeal where such error was not objected to during trial); Newman v. State, 676 So.2d 40 (Fla. 3d DCA 1996)(where the defendant did not object to hearsay testimony at time it was entered during trial, the defendant waived issue for appe......
-
Anthony v. State, 2D01-2758.
...claim on appeal that the evidence was erroneously admitted. See Green v. State, 711 So.2d 69, 70 (Fla. 4th DCA 1998); Newman v. State, 676 So.2d 40, 41 (Fla. 3d DCA 1996). Additionally, based on all of the evidence contained in the record, any error does not rise to the level of fundamental......
-
Rodriguez v. State, 5D03-1035.
...AFFIRMED. See Vasser v. State, 807 So.2d 760 (Fla. 5th DCA 2002); State v. Anton, 700 So.2d 743 (Fla. 2d DCA 1997); Newman v. State, 676 So.2d 40 (Fla. 3d DCA 1996). SAWAYA, C.J., SHARP, W., and GRIFFIN, JJ., ...