Padgett v. State , 4D10–966.

• Decision Date: 16 November 2011
• Docket Number: No. 4D10–966.,4D10–966.
• Citation: 73 So.3d 902
• Parties: Steven Thomas PADGETT, Appellant, v. STATE of Florida, Appellee.
• Court: Florida District Court of Appeals

73 So.3d 902

Steven Thomas PADGETT, Appellant,
v.
STATE of Florida, Appellee.

No. 4D10–966.

District Court of Appeal of Florida, Fourth District.

Nov. 16, 2011.

[73 So.3d 903]

Carey Haughwout, Public Defender, and James W. McIntire, Assistant Public Defender, West Palm Beach, for appellant.

Pamela Jo Bondi, Attorney General, Tallahassee, and Daniel P. Hyndman, Assistant Attorney General, West Palm Beach, for appellee.

PER CURIAM.

Appellant, Steven Padgett, was charged by amended information with (I) grand

[73 So.3d 904]

theft from a person 65 years of age or older in the amount of $50,000 or more and (II) exploitation of an elderly or disabled adult who lacked the capacity to consent in the amount of $20,000 or more but less than $100,000. When Padgett moved for judgment of acquittal after the state rested its case, the trial court granted his motion with respect to count II by reducing the charge to exploitation of an elderly adult who lacked the capacity to consent in an amount less than $20,000. The jury found Padgett guilty of count I as charged and count II as reduced by the trial court.

At trial, the state presented evidence that Padgett had stolen or attempted to steal certain monies from his elderly mother and that he had exploited her by using her credit cards when she did not have the capacity to consent. Before the mother and the other witnesses testified, the detective who investigated the case testified, over Padgett's hearsay objection, to what the mother told him, including a list of the items and monies he allegedly stole, how he stole them, and Padgett's use of her checking accounts. He also testified to amounts the mother said were taken from her bank accounts and that Padgett attempted to withdraw all the money from her investment account.

Padgett raises three issues on appeal. We find the first two to be without merit. In the third issue, Padgett argues that the trial court erred in admitting the detective's hearsay testimony. The state responded that the testimony was admissible because it provided background information and explained the detective's investigation.

“The standard of review for admissibility of evidence is abuse of discretion.” Nardone v. State, 798 So.2d 870, 874 (Fla. 4th DCA 2001) (citation omitted). “However, a trial court's discretion is limited by the rules of evidence.” Id. “Whether or not the statement is hearsay is a legal question subject to de novo review.” K.V. v. State, 832 So.2d 264, 265–66 (Fla....