Means v. State
Means v. State
Opinion of the Court
Appellant challenges his conviction and sentence for capital sexual battery. We affirm.
At trial, the only evidence to support the charge came from the child-victim — both from her testimony and her out-of-court statements admitted pursuant to section 90.803(23), Florida Statutes (1999).
Appellant asserts that this case is controlled by State v. Green, 667 So.2d 756 (Fla. 1995), and that Green stands for the proposition that inconsistent statements alone are insufficient to sustain a conviction as a matter of law.
The facts in this case are clearly distinguishable from Green. In that case, the child unequivocally accused the defendant in her out-of-court statements and then unequivocally recanted that accusation at trial and also accused an entirely different person. In this case, the child has never wavered in her accusations against Appellant; she just has been somewhat inconsistent in describing the exact details. However, she did provide testimony and statements that were “sufficient to submit the union element of capital sexual battery to the jury and make the denial of [Appellant's [motion for] judgment of acquittal proper.” Gay, 607 So.2d at 459.
Accordingly, because there was legally sufficient evidence presented from which the jury could draw a reasonable inference of guilt, we affirm.
AFFIRMED.
. We find no merit to Appellant’s claim that the trial court improperly admitted the child's statements.
. See also Holmon v. State, 603 So.2d 111 (Fla. 4th DCA 1992), disapproved on other grounds by, State v. Green, 667 So.2d 756 (Fla. 1995); Coleman v. State, 592 So.2d 300 (Fla. 2d DCA 1991).
Case-law data current through December 31, 2025. Source: CourtListener bulk data.