JAMES V. STATE

Annotate this Case

Download PDF

NOT FINAL UNTIL TIME EXPIRES TO FILE REHEARING MOTION AND, IF FILED, DISPOSED OF. IN THE DISTRICT COURT OF APPEAL OF FLORIDA THIRD DISTRICT JULY TERM, A.D. 2001 TIMOTHY TAYLOR, Appellant, ** ** vs. ** CASE NO. 3D00-1475 THE STATE OF FLORIDA, ** LOWER TRIBUNAL NO. 98-38777 Appellee. ** Opinion filed July 18, 2001. An Appeal from the Circuit Court for Dade County, Amy Dean, Judge. Bennett H. Brummer, Public Defender and Marti Rothenberg, Assistant Public Defender, for appellant. Robert A. Butterworth, Attorney General and Richard L. Polin Assistant Attorney General, for appellee. Before SCHWARTZ, C.J., and COPE and LEVY, JJ. PER CURIAM. The defendant's sole point on this appeal challenges the admission of a written "prior consistent statement" made by his alleged co-perpetrator who testified against him at the trial. There is no merit to this claim because (a) the statement was properly admitted to rebut the argument that the accomplice's testimony was fabricated only after he had plead guilty himself, see Moore v. State, 701 So. 2d 545 (Fla. 1997), cert. denied, 523 U.S. 1083 (1998); (b) the defendant's objection below was not based on the legal ground asserted on appeal, Thomas v. State, 645 So. 2d 185 (Fla. 3d DCA 1994); and (c) the admission of the written statement was plainly cumulative and thus harmless beyond a reasonable doubt. Goodwin v. State, 751 So. 2d 537 (Fla. 1999); State v. DiGuilio, 491 So. 2d 1129 (Fla. 1986); Moss v. State, 664 So. 2d 1061 (Fla. 3d DCA 1995), review denied, 675 So. 2d 928 (Fla. 1996). Affirmed. 2

Some case metadata and case summaries were written with the help of AI, which can produce inaccuracies. You should read the full case before relying on it for legal research purposes.

This site is protected by reCAPTCHA and the Google Privacy Policy and Terms of Service apply.