Florida District Courts of Appeal, 2000

Middleton v. State

Middleton v. State
Florida District Courts of Appeal · Decided May 31, 2000 · Cope, Goderich, Shevin
760 So. 2d 251; 2000 Fla. App. LEXIS 6542; 2000 WL 694153 (Southern Reporter, Second Series)

Middleton v. State

Opinion of the Court

PER CURIAM.

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.

Case-law data current through December 31, 2025. Source: CourtListener bulk data.