Fitzgerald v. Commonwealth

LARRY G. ELDER, Judge.

Michael Lee Fitzgerald appeals from his jury trial convictions for two counts of indecent liberties with a child in his custody and one count of object sexual penetration. On appeal, he contends the court abused its discretion by allowing a licensed professional counselor to give testimony regarding her psychiatric diagnosis of the victim. We hold the trial court did not err in admitting this testimony. Thus, we affirm appellant’s convictions.

I

BACKGROUND

Appellant was indicted for the instant offenses involving his stepdaughter, S.L.W., who was twelve years old when the…