CHARLES CHRISTOPHER WENDELL
v.
STATE OF FLORIDA

Fla. 1st DCA | 2020-01-21
No. 18-4156
Rimmer, J., Roberts, J., Osterhaus, J., M.K. Thomas, J.
Florida District Court of Appeal, First District (2020)

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Holding

Evidence of physical abuse against the victim's mother is admissible in a sexual battery of a child prosecution to explain delayed reporting, and a twelve-person jury is not constitutionally required in such cases.


Headnotes

[1] In a prosecution for sexual battery of a child, evidence of physical abuse inflicted upon the victim's mother is admissible to explain the victim's delay in reporting the…

[2] A twelve-person jury is not constitutionally required in prosecutions for sexual battery of a child.

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Facts & Procedural History

Charles Christopher Wendell was prosecuted for sexual battery of a child in Santa Rosa County. The trial court admitted evidence of physical abuse aga…

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Opinion of the Court
M.K. Thomas

FIRST DISTRICT COURT OF APPEAL

STATE OF FLORIDA

_____________________________

No. 1D18-4156 _____________________________

CHARLES CHRISTOPHER

WENDELL,

Appellant,

v.

STATE OF FLORIDA,

Appellee. _____________________________

On appeal from the Circuit Court for Santa Rosa County. David Rimmer, Judge.

January 21, 2020

PER CURIAM.

AFFIRMED. See Bell v. State, 798 So. 2d 47, 48 (Fla. 4th DCA 2001) (holding that in a prosecution of sexual battery of a child, evidence of physical abuse against the child’s mother was admissible to explain why the victim had not earlier reported the crime for fear of the defendant’s retribution); see also State v. Hogan, 451 So. 2d 844, 845-46 (Fla. 1984) (concluding that a twelve-person jury is not required in prosecutions of sexual battery of a child). ROBERTS, OSTERHAUS, and M.K. THOMAS, JJ., concur.

2

_____________________________

Not final until disposition of any timely and authorized motion under Fla. R. App. P. 9.330 or 9.331. _____________________________

Andy Thomas, Public Defender, and Victor Holder, Assistant Public Defender, Tallahassee, for Appellant.

Ashley Moody, Attorney General, and Damaris E. Reynolds, Tallahassee, for Appellee.


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