Nussdorf v. State, 4-86-0863
| Decision Date | 03 June 1987 |
| Docket Number | No. 4-86-0863,4-86-0863 |
| Citation | 508 So.2d 1273,12 Fla. L. Weekly 1393 |
| Parties | 12 Fla. L. Weekly 1393 Peter NUSSDORF, Appellant, v. STATE of Florida, Appellee. |
| Court | Florida District Court of Appeals |
Mark King Leban of Law Offices of Mark King Leban, P.A., Miami, for appellant.
Robert A. Butterworth, Jr., Atty. Gen., Tallahassee, Amy L. Diem and Carolyn V. McCann, Asst. Attys. Gen., West Palm Beach, for appellee.
We find no error in the trial court's admission of the victim's prior consistent statement pursuant to section 90.801(2)(b), Florida Statutes (1985). Appellant argues that the victim's testimony was the product of improper influence and thus a fabrication. However the record does not support appellant's argument that the victim made her prior consistent statement after the claimed undue influence had already occurred. When asked by appellant's counsel whether the prosecutor had helped her to remember, she answered affirmatively, and, also answered affirmatively that the prosecutor had talked with her about the case the day prior to the trial. The victim gave the tape-recorded prior consistent statement months before the trial. Therefore we find no error in the trial court's admission of the tape recorded statement and affirm on the authority of Begley v. State, 483 So.2d 70 (Fla. 4th DCA 1986).
We find no merit in appellant's second point on appeal. The record sufficiently establishes that the crimes were committed within the time frames alleged in the information and the bill of particulars. Accordingly the conviction is affirmed.
AFFIRMED.
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State v. Jones
...and under the circumstances and facts of this particular case, it was properly admitted by the trial judge. See Nussdorf v. State, 508 So.2d 1273 (Fla. 4th DCA1987). For the foregoing reasons, the district court's decision is quashed and the case is remanded for proceedings consistent with ......
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Belcher v. State
...See Anderson v. State, 574 So.2d 87 (Fla.), cert. denied, 502 U.S. 834, 112 S.Ct. 114, 116 L.Ed.2d 83 (1991); Nussdorf v. State, 508 So.2d 1273 (Fla. 4th DCA 1987). B. ADMISSION OF EVIDENCE THAT THE VICTIM SCREAMED IN THE The defendant next argues that the admission of the evidence that the......
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State v. Nussdorf, 89-0244
...and sentenced on three counts of sexual battery on a child victim. His direct appeal was affirmed by this court in Nussdorf v. State, 508 So.2d 1273 (Fla. 4th DCA 1987). Appellant also filed a petition for writ of coram nobis which this court granted finding that newly discovered evidence r......