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Handwerk v. State

District Court of Appeal of Florida, Third District
Oct 13, 1981
404 So. 2d 828 (Fla. Dist. Ct. App. 1981)

Opinion

No. 80-712.

October 13, 1981.

Appeal from the Circuit Court, Dade County, Natalie Baskin, J.

Bennett H. Brummer, Public Defender and Alan R. Dakan, Asst. Public Defender, for appellant.

Jim Smith, Atty. Gen. and Paul Mendelson, Asst. Atty. Gen., for appellee.

Before NESBITT, FERGUSON and JORGENSON, JJ.


We affirm on the grounds that the testimony of the expert witness — a medical doctor qualified as an expert in matters of involuntary sexual battery — that there was injury to the child's anal cavity and that the injury was inconsistent with accident or self-infliction, but was consistent with an intentional penetration by another person sufficiently established the corpus delicti as a predicate for admitting defendant's confession, see e.g., Vaillancourt v. State, 288 So.2d 216 (Fla. 1974); Holland v. State, 359 So.2d 28 (Fla.3d DCA 1978), cert. denied, 367 So.2d 1124 (Fla. 1979); Eierle v. State, 358 So.2d 1160 (Fla.3d DCA 1978), cert. denied, 364 So.2d 884 (Fla. 1978). The time period stated within the indictment as the date of offense is not a necessary element to establishing the corpus delicti.

Affirmed.


Summaries of

Handwerk v. State

District Court of Appeal of Florida, Third District
Oct 13, 1981
404 So. 2d 828 (Fla. Dist. Ct. App. 1981)
Case details for

Handwerk v. State

Case Details

Full title:DALE WILLIAM HANDWERK, JR., APPELLANT, v. THE STATE OF FLORIDA, APPELLEE

Court:District Court of Appeal of Florida, Third District

Date published: Oct 13, 1981

Citations

404 So. 2d 828 (Fla. Dist. Ct. App. 1981)

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