final until disposition of any timely and authorized motion
under Fla. R. App. P. 9.330 or 9.331.
appeal from the Circuit Court for Duval County. Linda
Thomas, Public Defender, and Kathleen Stover, Assistant
Public Defender, Tallahassee, for Appellant.
Moody, Attorney General, and Quentin Humphrey, Assistant
Attorney General, Tallahassee, for Appellee.
was charged with and convicted of sexual battery of a person
over age twelve with the use or threatened use of a deadly
weapon and burglary with assault or battery, and the court
sentenced Appellant to thirty years imprisonment, along with
lifetime sex offender probation. Appellant challenges the
trial court's admission of collateral-crime evidence and
certain statements made under the hearsay exception for
medical diagnosis and treatment.
victim was watching a neighbor's child when Appellant
knocked on the door and inquired about some furniture outside
the residence. The victim told Appellant that he could take
the furniture and then he turned around and left. The victim
went to another part of the house, and when she came back
Appellant was standing inside the living room. The victim
attempted to run outside but Appellant grabbed her and forced
her into the bathroom. While they were struggling in the
bathroom, Appellant pulled out a knife. Appellant then made
the victim go into the bedroom where he sexually battered the
an evidentiary hearing, the trial court allowed the State to
admit collateral-crime evidence of a woman who suffered a
similar attack. The woman testified on behalf of the State at
Appellant's jury trial. She testified that a man knocked
on her front door in the early afternoon and asked if someone
lived at the apartment. She told the man that that person did
not live there, and then closed the door.
that same day, she was smoking a cigarette on her front stoop
when the man walked up again. They had a friendly
conversation until she had to return inside to take care of
her son. When she turned around from making her son a bottle,
the man was inside her house. The man exposed himself then
grabbed her and attempted to take her clothes off. He touched
her in inappropriate places over her clothes. Eventually he
stopped and left in a white vehicle. She was unaware what
made him stop, but she remembered that the door was still
open during the attack.
registered nurse who examined the victim after the incident
also testified at trial. The trial court allowed her to read
the report. Defense counsel objected to the introduction of
first argues that the trial court abused its discretion in
admitting the collateral-crime evidence at trial.
"[E]vidence revealing other crimes is admissible if it
casts light upon the character of the act under investigation
by showing motive, intent, absence of mistake, common scheme,
identity or a system or general pattern of criminality so
that the evidence of the prior offenses would have a relevant
or a material bearing on some essential aspect of the offense
being tried." Williams v. State, 110 So.2d 654,
662 (Fla. 1959).
concerning a collateral crime is admissible when it is used
to show a common scheme that corroborates the victim's
testimony. Id.; Vice v. State, 39 So.3d
352, 355 (Fla. 1st DCA 2010). It is also admissible to prove
intent as to the crime in question. Jensen v. State,
555 So.2d 414, 415 (Fla. 1st DCA 1989).
events that occurred in the collateral crime were
substantially similar to the events that occurred in the
present case. They were relevant to show that Appellant had a
common scheme or plan. The evidence corroborated the
victim's testimony, which was challenged after the
defense presented evidence questioning the victim's
motive for pursuing the case. Additionally, intent was a
material issue in this case because Appellant was charged
with burglary. A defendant must have intent to commit a crime
within a dwelling to be guilty of burglary with assault or
battery. § 810.02(1)(b), Fla. Stat. (2018).
State did not make the collateral-crime evidence a feature of
the trial and the trial court properly read the relevant jury
instruction. As a result, the trial court did not abuse ...