Supreme Court of Florida

In a prosecution of defendant for sexual battery on a person in familial custody and lewd molestation for his sexual abuse of a victim over a period of years, the district court's harmless error analysis, with respect to defendant's claim that the trial court erred in allowing the state to present evidence that defendant engaged in extensive, ongoing abuse of the victim when he was charged with only six single counts of sexual misconduct, is quashed and remanded as the test is "whether there is a reasonable possibility that the error affected the verdict," rather than a strong evidence test.

Appellate Information

• Decided 08/26/2010
• Published 08/26/2010

Judges

• Per Curiam

Court

• Supreme Court of Florida

Counsel

• For Appellant:
  
• James Marion Moorman, Bill McCollum