Gutierrez v. State

SCHWARTZ, Chief Judge.

Rejecting the appellant’s primary claim of error on this appeal from his conviction for child abuse, we hold that the trial court properly admitted testimony of an ac-knowledgedly qualified expert physician, Dr. Apollo, that, to a “95 percent or more” medical certainty, the injuries sustained by the victim in this case were “consistent” with physical abuse. §§ 90.702, 90.703, Fla. Stat. (1997) (“Testimony in the form of an opinion or inference otherwise admissible is not objectionable because it includes an ultimate issue to be decided by the trier of fact.”); Glendening…