District Court of Appeal of Florida

A conviction and sentence for sexual battery on a minor is affirmed where: 1) the trial court did not abuse its discretion in denying defendant's motion for a continuance made after the state, on the eve of trial, was permitted to add as a witness the victim's mother, whose recent whereabouts were just discovered; and 2) no fundamental error occurred in connection with the prosecutor's opening and closing argument.

Appellate Information

• Decided 12/15/2006
• Published 12/15/2006

Judges

• PLEUS, C.J.

Court

• District Court of Appeal of Florida

Counsel

• For Appellant:
  
• Paul E. Bross, of Bross, Bross, Thomas & Mays, LC., Merritt Island, for Appellant.


• For Appellees:
  
• Charles J. Crist, Jr., Attorney General, Tallahassee, and Rebecca Roark Wall, Assistant Attorney General, Daytona Beach, for Appellee.