Affirming conviction and sentence for four counts of sexual battery and two counts of lewd or lascivious molestation of a minor by a person under the age of eighteen, the Fourth District held:
RULE OF SEQUESTRATION: The trial court did not abuse its discretion by refusing to allow his mother to sit through the pretrial suppression hearing and trial after the state invoked the rule of sequestration, because the state had listed the mother in discovery as a “Class C” witness who was not expected to be called and the fact that this was a familial crime.
MOTION TO SUPPRESS: the court erred in denying a motion to suppress his statements to a detective, which were given without the warnings required of Miranda v. Arizona, 384 U.S. 436 (1966). The court did not err, however, in finding that appellant was not in custody and thus Miranda warnings were not compelled.
NONEXISTENT CRIME: The court rejected the claim that he was convicted of a nonexistent crime, as contact between the tongue and a sexual organ constitutes sexual battery.
JUVENILE SENTENCING: The 31-year sentence followed by 15-years of probation not unconstituional but same question certified as in Davis v. State, 199 So. 3d 546 (Fla. 4th DCA 2016): DO THE SENTENCE REVIEW PROVISIONS ENACTED IN CHAPTER 2014–220, LAWS OF FLORIDA, APPLY TO ALL JUVENILE OFFENDERS WHOSE SENTENCES EXCEED THE STATUTORY THRESHOLDS, EVEN THOSE CONVICTED OF NON–HOMICIDE OFFENSES COMMITTED PRIOR TO JULY 1, 2014?
Tillman v. State, 4D13-2516 (Fla. 4th DCA Aug. 23, 2017)
Valarie Linnen, Esq. Criminal, Civil, and Administrative Appeals
PO Box 330339, Atlantic Beach, FL 32233
PO Box 200, Chippewa Lake, MI 49320