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Middleton v. State

District Court of Appeal of Florida, Third District
May 31, 2000
760 So. 2d 251 (Fla. Dist. Ct. App. 2000)

Opinion

No. 3D99-107.

Opinion file May 31, 2000.

An appeal from the Circuit Court for Dade County, Alex E. Ferrer, Judge. L.T. No. 95-36070.

Bennett H. Brummer, Public Defender, and Ivy R. Ginsberg, Special Assistant Public Defender, for appellant.

Robert A. Butterworth, Attorney General, and Margaret A. Brenan, Assistant Attorney General, for appellee.

Before COPE, GODERICH and SHEVIN, JJ.


Mark Middleton appeals his convictions for armed robbery, armed kidnapping, sexual battery, and two firearm-related charges. We think the trial court's rulings regarding the scope of the hearsay exception for statements made for purposes of medical diagnosis or treatment, see § 90.803(4), Fla. Stat. (1997), were within discretion. If there was any error — and we see none — it was entirely harmless given that the victim testified to the same information.

The consecutive mandatory minimum firearm sentences were permissible given that defendant-appellant Middleton first committed an armed robbery on the victim at a bus stop, and then compelled the victim to walk with him to a more secluded location, where he committed two sexual batteries at gunpoint. See Murray v. State, 491 So.2d 1120 (Fla. 1986).

Affirmed.


Summaries of

Middleton v. State

District Court of Appeal of Florida, Third District
May 31, 2000
760 So. 2d 251 (Fla. Dist. Ct. App. 2000)
Case details for

Middleton v. State

Case Details

Full title:MARK MIDDLETON, Appellant v. THE STATE OF FLORIDA, Appellee

Court:District Court of Appeal of Florida, Third District

Date published: May 31, 2000

Citations

760 So. 2d 251 (Fla. Dist. Ct. App. 2000)

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