From Casetext: Smarter Legal Research

Moss v. State

District Court of Appeal of Florida, Third District
Jan 10, 1996
664 So. 2d 1061 (Fla. Dist. Ct. App. 1996)

Opinion

No. 95-1183.

November 29, 1995. Rehearing Denied January 10, 1996.

Appeal from the Circuit Court, Monroe County, Ruth Becker, J.

Bennett H. Brummer, Public Defender, and Donald Tunnage, Assistant Public Defender, for appellant.

Robert A. Butterworth, Attorney General, and Keith S. Kromash, Assistant Attorney General, for appellee.

Before HUBBART and LEVY and GREEN, JJ.


This is an appeal by the defendant Robert Moss from final judgments of convictions and sentences for attempted sexual battery and simple battery arising out of a domestic violence incident, based on an adverse jury verdict. We affirm based on a holding that the state has demonstrated beyond a reasonable doubt that there is no reasonable possibility that the erroneous admission in evidence of the complainant's written statement to the police contributed to the guilty verdict and thus the subject error was harmless. We reach this result because the written statement was very abbreviated in nature, as well as cumulative of a more detailed oral statement to the police made by the complainant which was properly admitted in evidence as an excited utterance. State v. DiGuilio, 491 So.2d 1129 (Fla. 1986).

Affirmed.


Summaries of

Moss v. State

District Court of Appeal of Florida, Third District
Jan 10, 1996
664 So. 2d 1061 (Fla. Dist. Ct. App. 1996)
Case details for

Moss v. State

Case Details

Full title:ROBERT MOSS, APPELLANT, v. THE STATE OF FLORIDA, APPELLEE

Court:District Court of Appeal of Florida, Third District

Date published: Jan 10, 1996

Citations

664 So. 2d 1061 (Fla. Dist. Ct. App. 1996)

Citing Cases

Taylor v. State

There is no merit to this claim because (a) the statement was properly admitted to rebut the argument that…

State v. Conigliaro

Notably, the jury initially indicated a deadlock, which was followed by its split verdict, suggesting that…