Legal Opinion

Ostrum v. State

District Court of Appeal of Florida

Decided June 22, 1994No. 92-3712PublishedCited by 2 opinions

1Per curiam

Defendant appeals his convictions for capital sexual battery and indecent assault. We affirm.

Defendant first argues that the trial court erred in admitting a remark he made to one of his sisters when he was confronted by his mother about his sexual behavior. The remark, which neither admitted any crimes nor shed any relevance on any crimes, was admitted as similar fact evidence under Williams v. State, 110 So.2d 654 (Fla.1959). Although this remark was not admissible under Williams, it was nothing more than a sarcastic remark, and harmless, particularly in light of the overwhelming evidence…

2Cases cited3 opinions

  1. Williams v. StateSupreme Court of Florida · 1959
  2. Firkey v. StateDistrict Court of Appeal of Florida · 1990
  3. Wilson v. StateSupreme Court of Florida · 1994

3Cited by2 opinions

  1. Ostrum v. Dept. of Health & Rehab. of Fla.District Court of Appeal of Florida · 1995
  2. Campana v. StateDistrict Court of Appeal of Florida · 2000

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