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972 So. 2d 1089

Docket No. 5D07-1060.

Butler v. State

Darren Lee BUTLER, Appellant, v. STATE of Florida, Appellee,

District Court of Appeal of Florida

Decided January 25, 2008.

District Court of Appeal of Florida · decided 2008-01-25

Relies on 491 So. 2d 1129 - State v. DiGuilio · 814 So. 2d 1087 - State v. Dionne · Bradley v. State

Decided 2008-01-25

¶1James S. Purdy, Public Defender, and Nancy Ryan, Assistant Public Defender, Daytona Beach, for Appellant.

¶2Bill McCollum, Attorney General, Tallahassee, and Bonnie Jean Parrish, Assistant Attorney General, Daytona Beach, for Appellee.

¶3PER CURIAM.

¶4Butler appeals from his conviction for sexual battery on a child less than twelve, years of age. We affirm.

¶5Prior to trial, Butler filed a motion to suppress his confession and a motion in limine to prohibit introduction of the child-victim's hearsay statements to her mother and to two members of the child protection team. We find no error in the trial court's *1090 detailed orders denying these motions. We further find that the trial court properly applied section 92.565, Florida Statutes (2006), in permitting the. State to introduce Butler's confession without the State first being required to prove the corpus delicti of the crime. See Bradley v. State,918 So.2d 337 (Fla. 1st DCA 2005); State v. Dionne,814 So.2d 1087 (Fla. 5th DCA 2002).

¶6To the extent that there was any error in permitting a child protection team nurse to opine that the child was a victim of sexual abuse, the error would have been harmless beyond a reasonable doubt. State v. DiGuilio,491 So.2d 1129. (Fla. 1986).

¶7AFFIRMED.

¶8GRIFFIN, ORFINGER and EVANDER, JJ., concur.

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