Daniels v. State

WALLACE, Judge.

Edward Leon Daniels appeals his judgment and life sentence for committing a sexual battery on a child less than twelve years of age, a violation of section 794.011(2), Florida Statutes (2005 and 2006). The trial court abused its discretion in permitting a medical witness to give expert opinion testimony that lacked a proper factual basis. Because we are unable to conclude that this error was harmless, we reverse Mr. Daniels’ judgment and sentence and remand for a new trial.

I. THE FACTS

The State charged Mr. Daniels with sexually battering K.D., a six-year-old child, during a…