Vasquez-Gomez v. State ( 2016 )


Menu:
  •        Third District Court of Appeal
    State of Florida
    Opinion filed October 5, 2016.
    Not final until disposition of timely filed motion for rehearing.
    ________________
    No. 3D15-1623
    Lower Tribunal No. 13-14217
    ________________
    Selvin Vasquez-Gomez,
    Appellant,
    vs.
    The State of Florida,
    Appellee.
    An Appeal from the Circuit Court for Miami-Dade County, Stephen T.
    Millan, Judge.
    Carlos J. Martinez, Public Defender, and Stephen J. Weinbaum, Assistant
    Public Defender, for appellant.
    Pamela Jo Bondi, Attorney General, and Michael W. Mervine, Assistant
    Attorney General, for appellee.
    Before SALTER, EMAS and SCALES, JJ.
    PER CURIAM.
    The trial court did not abuse its discretion in the various evidentiary rulings
    it made regarding the admission of testimony by State witnesses. Nor do we find
    that the trial court permitted certain collateral crime evidence, admitted at trial
    pursuant to a pretrial hearing, to become a feature of the trial.1
    Affirmed.
    1 The collateral crime evidence was characterized below as Willams Rule evidence,
    see Williams v. State, 
    110 So. 2d 654
    (Fla. 1959), codified at section 90.404(2)(a),
    Fla. Stat. (2013). However, some of this evidence was also properly admissible as
    inextricably intertwined with, or inseparable from, the offenses charged, or was
    admissible as bearing on a relevant issue at trial. See Dorsett v. State, 
    944 So. 2d 1207
    (Fla. 3d DCA 2006). See also § 90.404(2)(b)1. (providing that “[i]n a
    criminal case in which the defendant is charged with a crime involving child
    molestation, evidence of the defendant’s commission of other crimes, wrongs, or
    acts of child molestation is admissible and may be considered for its bearing on
    any matter to which it is relevant.”)
    2
    

Document Info

Docket Number: 15-1623

Filed Date: 10/5/2016

Precedential Status: Precedential

Modified Date: 10/5/2016