Prejudiced by Testimony Claim In Court
In Owen v. State, 986 So. 2d 534, 552-53 (Fla. 2008), a detective testified that the defendant had stated that he took "advantage of the victim's shit" because "she wasn't that bad looking."
On appeal, this Court determined that Owen could not demonstrate that he was prejudiced by the testimony about an uncharged sexual battery because "all four aggravating factors were proven beyond a reasonable doubt, independent of Owen's statements about the Manley sexual battery, and the trial judge found both statutory mental health mitigating factors and two nonstatutory mental health mitigating factors to be established despite Owen's account." Id. at 554.