Salley v. State

District Court of Appeal of Florida

Salley v. State

633 So. 2d 1130, 1994 Fla. App. LEXIS 2271, 1994 WL 81740

CourtDistrict Court of Appeal of Florida

DecidedMarch 15, 1994

DocketNo. 93-479

StatusPublished

Cited by1 cases

This text of 633 So. 2d 1130 (Salley v. State) is published on Counsel Stack Legal Research, covering District Court of Appeal of Florida primary law. Counsel Stack provides free access to over 12 million legal documents including statutes, case law, regulations, and constitutions.

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Salley v. State, 633 So. 2d 1130, 1994 Fla. App. LEXIS 2271, 1994 WL 81740 (Fla. Ct. App. 1994).

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Opinion

PER CURIAM.

James Salley appeals from a judgment of conviction of three counts of aggravated child abuse. We affirm.

The trial court erred in allowing a state witness to present abuser profile testimony. Flanagan v. State, 625 So.2d 827 (Fla.1993). However, admission of the testimony amounted to harmless error, as it was not a feature of the trial and did not affect the verdict beyond a reasonable doubt. See State v. DiGuilio, 491 So.2d 1129 (Fla.1986). We find no merit in Salley’s remaining points on appeal. See Jackson v. State, 359 So.2d 1190 (Fla.1978), cert. denied, 439 U.S. 1102, 99 S.Ct. 881, 59 L.Ed.2d 63 (1979) (defendant may not initiate error and then seek reversal based on that error); Albritton v. State, 221 So.2d 192 (Fla. 2d DCA 1969) (inflammatory nature of photographs not sufficient, by itself, to exclude them from evidence).

Affirmed.

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PER CURIAM.

James Salley appeals from a judgment of conviction of three counts of aggravated child abuse. We affirm.

The trial court erred in allowing a state witness to present abuser profile testimony. Flanagan v. State, 625 So.2d 827 (Fla.1993). However, admission of the testimony amounted to harmless error, as it was not a feature of the trial and did not affect the verdict beyond a reasonable doubt. See State v. DiGuilio, 491 So.2d 1129 (Fla.1986). We find no merit in Salley’s remaining points on appeal. See Jackson v. State, 359 So.2d 1190 (Fla.1978), cert. denied, 439 U.S. 1102, 99 S.Ct. 881, 59 L.Ed.2d 63 (1979) (defendant may not initiate error and then seek reversal based on that error); Albritton v. State, 221 So.2d 192 (Fla. 2d DCA 1969) (inflammatory nature of photographs not sufficient, by itself, to exclude them from evidence).

Affirmed.

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633 So. 2d 1130, 1994 Fla. App. LEXIS 2271, 1994 WL 81740, Counsel Stack Legal Research, https://law.counselstack.com/opinion/salley-v-state-fladistctapp-1994.

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