GUTIERREZ v. STATE

No. 98-2709.

739 So.2d 1175 (1999)

Miguel Angel GUTIERREZ, Appellant, v. The STATE of Florida, Appellee.

District Court of Appeal of Florida, Third District.

July 21, 1999.


Attorney(s) appearing for the Case

Bennett H. Brummer, Public Defender and Rosa C. Figarola, Assistant Public Defender, for appellant.

Robert A. Butterworth, Attorney General and Linda S. Katz, Assistant Attorney General, for appellee.

Before SCHWARTZ, C.J., and COPE and GREEN, JJ.


SCHWARTZ, Chief Judge.

Rejecting the appellant's primary claim of error on this appeal from his conviction for child abuse, we hold that the trial court properly admitted testimony of an acknowledgedly qualified expert physician, Dr. Apollo, that, to a "95 percent or more" medical certainty, the injuries sustained by the victim in this case were "consistent" with physical abuse. §§ 90.702, 90.703, Fla. Stat. (1997) ("Testimony in the form of an opinion or...

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