final until disposition of timely filed motion for rehearing.
from the Circuit Court for the Fifteenth Judicial Circuit,
Palm Beach County; Cheryl Caracuzzo, Judge; L.T. Case No.
Gregory Salnick of the Law Offices of Salnick & Fuchs,
P.A., West Palm Beach, for appellant.
Moody, Attorney General, Tallahassee, and Jeanine
Germanowicz, Assistant Attorney General, West Palm Beach, for
was convicted of sexual battery on a helpless person,
pursuant to section 794.011(4)(b), Florida Statutes.
Appellant argues that the trial court abused its discretion
by limiting the time for questioning during voir dire. The
trial court initially gave each side 45 minutes, but allowed
appellant to continue questioning prospective jurors for
closer to 70 minutes, and then gave appellant an additional 5
minutes after appellant requested more time, for a total of
75 minutes. We find that under the circumstances of this
case, the 75 minutes given to appellant was not an abuse of
discretion. We also reaffirm this court's position that
there is no mathematical formula that determines how much
time the trial court should allocate for voir dire and
reiterate that this determination is made on a case-by-case
basis. Thus, we find that the time given for voir dire in
this case was not an abuse of the trial court's
discretion and affirm. We also find the other issue to be
without merit and we affirm that issue without further
victim attended a funeral reception where the attendees,
including the victim, consumed alcoholic drinks. After the
funeral reception, a group from the reception, including the
victim's son and appellant, went to the victim's
home. The victim was put to bed due to her intoxicated state.
Later the victim's son went to check on the victim and
found appellant in the victim's room. The victim's
son saw appellant with his pants half down, trying to have
sex with the victim. The victim remained unconscious
throughout. The victim's son told appellant to get out,
and appellant left the house. The victim's son followed
appellant and punched him when he caught up to him. Appellant
then jumped a fence and ran away. The victim did not remember
enforcement then interviewed appellant and asked him the
DETECTIVE VAUGHAN: You had a little too much to drink and had
a lapse of judgment?
DONALD CASSADAY: That is what happened.
. . . .
DETECTIVE VAUGHAN: That's the way it happened? You just
said "that's what happened." So ...