State v. Foster

Full title: STATE OF FLORIDA, PETITIONER, v. CHARLES FOSTER, RESPONDENT

Court: District Court of Appeal of Florida, Fifth District

Date published: Jul 17, 1986

490 So. 2d 1383 (Fla. Dist. Ct. App. 1986)

Opinion

No. 86-799.

July 17, 1986.

Petition for Writ of Certiorari, A Case of Original Jurisdiction.

S. Ray Gill, State Atty., and Robert P. Cole, Asst. State Atty., Tavares, for petitioner.

Howard H. Babb, Jr., Public Defender, and Carla R. Pepperman, Asst. Public Defender, Tavares, for respondent.

PER CURIAM.

Certiorari denied.

ORFINGER and COWART, JJ., concur.

COBB, J., dissents with opinion.

COBB, Chief Judge, dissenting:

The state has petitioned for certiorari review of a court order directing a rape victim and her child to submit to an H.L.A. blood test. The trial issue is whether the respondent is guilty of sexual battery. The trial court has no authority to order a physical examination of a witness. State v. Smith, 260 So.2d 489 (Fla. 1972). The instant order, therefore, is a departure from essential requirements of law and should be quashed. Therefore, I dissent.