5D06-1671 William Triplett v. State

State: Florida

Court: Florida Fifth District Court

Docket No: 5D06-1671

Case Date: 02/05/2007

Preview:IN THE DISTRICT COURT OF APPEAL OF THE STATE OF FLORIDA FIFTH DISTRICT JANUARY TERM 2007

WILLIAM TRIPLETT, Appellant, v. STATE OF FLORIDA, Appellee. ________________________________/ Opinion filed February 9, 2007 Appeal from the Circuit Court for St. Johns County, J. Michael Traynor, Judge. Frederick S. Jaeger, Jr., Daytona Beach, for Appellant. Bill McCollum , Attorney General, Tallahassee, and Timothy D. Wilson, Assistant Attorney General, Daytona Beach, for Appellee. Case No. 5D06-1671

MONACO, J. William Triplett appeals the judgment of guilt and the sentence imposed on him by the trial court after a jury convicted him of one count of lewd or lascivious molestation of a minor less than twelve years of age, in violation of section 800.04(5)(a)(b), Florida Statutes (2004). The sole issue in this appeal is whether the trial court abused its

discretion in admitting similar fact evidence 1 over Mr. Triplett's objection. Because we find no abuse of discretion, we affirm. The general test of admissibility for similar fact evidence is relevancy. Similar fact evidence of other crimes, wrongs, or acts is only admissible when it is relevant to prove a material fact in issue, including proof of intent, plan, identity, or absence of mistake or accident. It is inadmissible when the evidence is offered solely to prove bad character or the propensity of the defendant to commit a crime. See

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