District Court of Appeal of Florida

A sentence for sexual battery without physical force is affirmed over the state's challenge where there was no error in the court's imposition of a downward departure sentence. Defendant's claims on cross-appeal are rejected where the trial court did not abuse its discretion: 1) in granting the state's motion in limine that prevented defense counsel from asking the victim about prior drug addiction; or 2) in denying the defense an opportunity to conduct a recross-examination of the victim, and any possible error as to this claim was harmless.

Appellate Information

• Decided 10/25/2006
• Published 10/25/2006

Judges

• SHAHOOD, J.

Court

• District Court of Appeal of Florida

Counsel

• For Appellant:
  
• Charles J. Crist, Jr., Attorney General, Tallahassee, and Melynda L. Melear, Assistant Attorney General, West Palm Beach, for State of Florida., Scott I. Suskauer of The Suskauer Law Firm, P.A., West Palm Beach, for John Dean Hamner.