![]() He further argued a motion for a new trial should have been granted based on newly-discovered evidence.Īppeals Court Reverse Battery Conviction for Lack of Evidence On appeal to Florida’s 2nd DCA, defendant argued his motion for acquittal should have been granted because neither the evidence nor allowable inferences from evidence were sufficient to sustain a conviction and his Sixth Amendment right to confront a witness was violated with the introduction of the 911 audio without the testimony of the alleged victim. Although the offense would have been considered a misdemeanor (first-degree, punishable by up to one year in jail), it was ranked as a third-degree felony because defendant had a prior conviction. The defense team moved for acquittal, which was denied by the trial court, which convicted defendant of battery, pursuant to F.S. Prosecutors presented the 911 audio from the victim, the officer’s testimony of her demeanor and the photograph of the bite mark. The victim herself did not testify at the trial (having refused) and thus there was no testimony presented about the circumstances that led to the bite. Would this be enough to secure a conviction?Īlleged Domestic Violence Victim Refuses to CooperateĪt the trial, the police officer authenticated the photograph, but did not testify as to the conversation he had with the victim, except to say she was crying. A police officer was dispatched, observing and photographing what appeared to be a small bite mark on victim’s arm. Defendant had been convicted of felony battery for accusations that he attacked his girlfriend, who had called 911 to report the defendant had bitten her and took her phone “and stuff.” She said she did not require medical attention. State, an appeal before Florida’s Second District Court of Appeal back in 2007. It often depends on the independent evidence available – and the strategy employed by your Florida domestic violence defense attorney. ![]() It is a myth that prosecutors cannot move forward on these cases or that they cannot sometimes win them. It’s known to be a relatively under-reported crime, but there are a fair number of cases that go to trial wherein the alleged victim refuses to cooperate or testify. More than half of those, 63,200, resulted in an arrest. In a single recent year, Florida law enforcement agencies received 105,700 reports of domestic violence.
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