Govan v. State

CASANUEVA, Judge,

Specially concurring.

Although I agree with the affirmance in this case, I write to address one issue raised by Mr. Govan in this appeal that the trial court erred by failing to allow him to reopen his case to introduce into evidence a stipulation of the parties. Although I conclude the trial court erred, in the context of this case the error was harmless.

Mr. Govan was prosecuted as an adult for two counts of sexually battering his roommate, orally and anally, while they were assigned to share a room in a juvenile facility. § 794.011, Fla. Stat. (1999). An alternate count of…