Legal Opinion

Carter v. State

District Court of Appeal of Florida

Decided September 23, 1992No. 91-2107PublishedCited by 1 opinion

1Per curiam

We affirm appellant’s convictions, but reverse his sentences and remand for resen-tencing within the guidelines.

We write to address Judge Farmer's dissent as to the conviction for sexual battery because “the jury’s finding of guilt on the sexual battery charge was tainted by” the combination of the undue restriction on cross-examination and the inadmissible hearsay.

The state tried appellant for committing a sexual battery upon his daughter and a lewd and lascivious act in her presence. The questioned cross examination convincingly established that appellant’s daughter did not know the date of…

2Cases cited4 opinions

  1. Heuring v. StateSupreme Court of Florida · 1987
  2. Lerma v. StateSupreme Court of Florida · 1986
  3. Lettman v. StateDistrict Court of Appeal of Florida · 1988
  4. State v. LettmanSupreme Court of Florida · 1989

3Cited by1 opinion

  1. Pompa v. StateDistrict Court of Appeal of Florida · 1994

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