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Sipple v. State

District Court of Appeal of Florida, Fifth District
Mar 11, 2005
894 So. 2d 1088 (Fla. Dist. Ct. App. 2005)

Opinion

No. 5D04-1242.

March 11, 2005.

Appeal from the Circuit Court for Hernando County, Jack Springstead, Judge.

James S. Purdy, Public Defender, and Jane C. Almy-Loewinger, Assistant Public Defender, Daytona Beach, for Appellant.

Charles J. Crist, Jr., Attorney General, Tallahassee, and Timothy D. Wilson, Assistant Attorney General, Daytona Beach, for Appellee.


The appellant, Jeffrey Scott Sipple, was charged with the second degree murder of his roommate, but was found guilty by a jury of manslaughter by culpable negligence in violation of section 782.07(1), Florida Statutes (2004). We agree with the appellant that the Williams Rule evidence offered by the State was improperly admitted. See § 90.404(2)(a), Fla. Stat. (2004). Given the jury's findings, as well as the other evidence adduced against Mr. Sipple, however, we conclude that the admission of the similar fact evidence was harmless beyond a reasonable doubt. See State v. Diguilio, 491 So.2d 1129 (Fla. 1986).

Williams v. State, 110 So.2d 654 (Fla.), cert. denied, 361 U.S. 847, 80 S.Ct. 102, 4 L.Ed.2d 86 (1959).

AFFIRMED.

PALMER, ORFINGER, and MONACO, JJ., concur.


Summaries of

Sipple v. State

District Court of Appeal of Florida, Fifth District
Mar 11, 2005
894 So. 2d 1088 (Fla. Dist. Ct. App. 2005)
Case details for

Sipple v. State

Case Details

Full title:Jeffrey Scott SIPPLE, Appellant, v. STATE of Florida, Appellee

Court:District Court of Appeal of Florida, Fifth District

Date published: Mar 11, 2005

Citations

894 So. 2d 1088 (Fla. Dist. Ct. App. 2005)

Citing Cases

Sipple v. State

In Sipple's direct appeal, this court rendered a per curiam affirmance. Sipple v. State, 894 So.2d 1088 (Fla.…