Searching over 5,500,000 cases.


searching
Buy This Entire Record For $7.95

Download the entire decision to receive the complete text, official citation,
docket number, dissents and concurrences, and footnotes for this case.

Learn more about what you receive with purchase of this case.

Stevenson v. State

Florida Court of Appeals, First District

December 27, 2017

JAMES ANTHONY STEVENSON, Appellant,
v.
STATE OF FLORIDA, Appellee.

         NOT FINAL UNTIL TIME EXPIRES TO FILE MOTION FOR REHEARING AND DISPOSITION THEREOF IF FILED

         An appeal from the Circuit Court for Escambia County. J. Scott Duncan, Judge.

          Andy Thomas, Public Defender, and Megan Long, Assistant Public Defender, Tallahassee, for Appellant.

          Pamela Jo Bondi, Attorney General, and Sharon S. Traxler, Assistant Attorney General, Tallahassee, for Appellee.

          JAY, J.

         In this direct criminal appeal, we affirm appellant's convictions and sentences for lewd or lascivious molestation, lewd or lascivious conduct, and lewd or lascivious exhibition. We write only to explain why the trial court did not abuse its discretion by allowing the child victim to testify while seated in front of the jury box.

         Prior to trial, the state filed a motion to allow the eight-year-old child victim to give trial testimony while seated in front of the jury box. The motion explained:

Counsel for the State and Defense would conduct their direct and cross-examination while seated one at a time in a chair next to the child and facing the jury. This arrangement would serve not only to ease the great potential for fear and intimidation a child may suffer while testifying in a large courtroom filled with unfamiliar adults, thereby improving his ability to communicate without fear, but also to place the child closer to the jury so that they may see and hear the child more clearly.

         At trial, when the prosecutor announced that the state would be calling the child victim as its next witness, the following exchange transpired:

[PROSECUTOR]: You granted the motion that he can sit in front of the jury box?
THE COURT: Uh-huh.
[PROSECUTOR]: So can I just put two chairs in front?
THE COURT: Uh-huh.
[DEFENSE COUNSEL]: Do I have to do that? I mean, that's what's the weird part about this motion? Can I still ask ...

Buy This Entire Record For $7.95

Download the entire decision to receive the complete text, official citation,
docket number, dissents and concurrences, and footnotes for this case.

Learn more about what you receive with purchase of this case.