Translate
Text Highlighter

Bookmark

PDF

Share

Report a problem
AMICUS AI
Citation Codes
Equivalent Citations
citation codes
Docket Number
Attorney(S)
Judges
Are you a practicing lawyer?
Enhance your digital presence and reach by creating a Casemine profile.
Upload pleading to use the new AI search
Cites
Cited by
Citation Codes
Equivalent Citations
citation codes
Docket Number
Attorney(S)
Judges

BUNNY BROWN, JR., APPELLANT, v. STATE OF FLORIDA, APPELLEE.

PER CURIAM.

Brown appeals his conviction on a charge of sexual battery. Because Brown has not demonstrated reversible error, we affirm.

Brown is correct that the trial judge erred in admitting into evidence a doctor's testimony about the results of two gonorrhea tests. The doctor did not perform the tests, had no personal knowledge of who performed the tests, and was unaware of the process by which the samples left the hospital for a state laboratory, and returned as test reports. The test results were total hearsay and should not have been admitted into evidence. The doctor clearly was not a "custodian or other qualified witness" as contemplated in Florida's Uniform Business Records as Evidence Act, Fla. Stat. § 92.36, which was controlling at this trial.

However, given the totality of the evidence, this error was harmless. Fla. Stat. § 924.33.

The other issues raised by Brown are without merit and do not warrant discussion.

Accordingly, the judgment of the trial court is affirmed.

MILLS, C.J., and McCORD and THOMPSON, JJ., concur.

Use AI to get other relevant cases.

Comments

BROWN v. STATE
(Nov 12, 1980)