Cabriano v. State

The question presented in this appeal is whether a sentencing judge may consider similar fact evidence admitted at trial. We hold that such similar fact evidence is a proper sentencing consideration under the Criminal Punishment Code and affirm.

Appellant was charged with one count of sexual battery of a person 12 years of age or older, without physical force, contrary to section 794.011(5), Florida Statutes (2013).

At trial, the victim, who was 18 when the crime was committed, testified that she had been friends with appellant’s stepdaughter since first grade. On the night of the incident, she…