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Keywords

liabilitystatuteappealtrialtestimonycharacter evidenceadmissibilityjury instructions
statutetrialtestimonyappellantjury instructions

Related Cases

Hendricks v. State, 34 So.3d 819, 35 Fla. L. Weekly D1165

Facts

The State charged Hendricks with four counts of sexual battery on a child under twelve, with the victim being the daughter of his former girlfriend. The evidence against him included the victim's testimony and a recording of an incriminating phone call. Hendricks testified in his defense, claiming he did not commit the offenses, and attempted to introduce character evidence regarding his reputation for sexual morality, which the trial court excluded.

The State's evidence consisted of the victim's testimony and a recording of an incriminating telephone conversation between Appellant and the victim, who was an adult by the time of trial.

Issue

The main legal issues were whether the trial court erred in excluding evidence of Hendricks' reputation for sexual morality and whether it improperly handled the jury's request to view trial testimony.

First, Appellant argues that the trial court abused its discretion in excluding evidence of his reputation for sexual morality.

Rule

The court applied Florida Statutes sections 90.404(1)(a) and 90.405 regarding the admissibility of character evidence, determining that reputation evidence for sexual morality is generally inadmissible in cases of child molestation due to its inherent unreliability.

Section 90.404(1)(a), Florida Statutes (2008), provides that '[e]vidence of a person's character or a trait of character is inadmissible to prove action in conformity with it on a particular occasion, except … [e]vidence of a pertinent trait of character offered by an accused, or by the prosecution to rebut the trait.'

Analysis

The court found that the trial court did not abuse its discretion in excluding the evidence of Hendricks' reputation for sexual morality, as such evidence is not typically reliable in cases involving sexual offenses against children. The court also determined that the trial court's handling of the jury's request for testimony did not constitute reversible error, as Hendricks' counsel had the opportunity to object but did not.

For this reason, we find no abuse of discretion in the exclusion of such evidence in the instant case.

Conclusion

The District Court of Appeal affirmed Hendricks' convictions, concluding that there was no reversible error in the trial court's decisions regarding evidence and jury instructions.

Accordingly, we affirm Appellant's convictions and write to explain our reasoning as to the three issues that merit discussion.

Who won?

The State prevailed in the case, as the court found no errors in the trial court's rulings that would warrant a reversal of Hendricks' convictions.

We find no reversible error in the trial court's decisions regarding evidence and jury instructions.

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