Sutherland v. State

Sutherland appeals his second conviction for sexual battery on a child under twelve by a perpetrator eighteen or older. We affirm, but write to address Sutherland’s contention that the trial court erred in allowing similar acts evidence.

After Sutherland’s first conviction, we reversed and remanded for a new trial. Sutherland v. State, 849 So.2d 1107 (Fla. 4th DCA 2003) {Sutherland I). In relevant part, our opinion provides:

The primary issue raised in this case of familial sexual battery on a child under 12 has to do with the admission of “similar acts” evidence. The victim of the abuse, who…