5D03-2559 Curtis Williamson v. State

State: Florida

Court: Florida Fifth District Court

Docket No: 5D03-2559

Case Date: 01/03/2005

Preview:IN THE DISTRICT COURT OF APPEAL OF THE STATE OF FLORIDA FIFTH DISTRICT JULY TERM 2004

CURTIS LEE WILLIAMSON, Appellant, v. STATE OF FLORIDA, Appellee. ___________________________________/ Opinion filed January 7, 2005 Appeal from the Circuit Court for Osceola County, Margaret T. Waller, Judge. James S. Purdy, Public Defender, and Leonard R. Ross, Assistant Public Defender, Daytona Beach, for Appellant. Charles J. Crist, Jr., Attorney General, Tallahassee, and Kellie Nielan and Elizabeth C. King, Assistant Attorneys General, Daytona Beach, for Appellee. MONACO, J. Curtis Lee Williamson, who was convicted by a jury of five counts of sexual battery with a deadly weapon or physical force, one count of burglary of a dwelling with an assault or battery, and one count of kidnaping with intent to commit a felony with a weapon, appeals the judgment and sentence imposed on him by the trial court. We affirm. Although Mr. Williamson raises numerous issues on appeal, only one requires exploration. It appears that certain documents that had been marked, but not admitted into evidence, may have been given to the jury during deliberations. Because there was no reasonable possibility that the unauthorized CASE NO. 5D03-2559

materials had any effect on the jury's verdict, however, we conclude that any error was harmless beyond a reasonable doubt. The case presented by the State against Mr. Williamson demonstrated that he perpetrated a prolonged sexual attack lasting over six hours on a twenty-five year old female victim. The victim positively identified Mr. Williamson, who lived nearby, as her attacker. The State introduced extensive physical evidence tying Mr. Williamson to the crime, as well as DNA evidence reflecting that he was, indeed, the perpetrator. In addition, the State offered into evidence testimony concerning certain of the appellant's earlier crimes as similar fact evidence pursuant to Williams v. State, 110 So. 2d 654 (Fla. 1959).1 See

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