Opinion
No. 80-712.
October 13, 1981.
Appeal from the Circuit Court, Dade County, Natalie Baskin, J.
Bennett H. Brummer, Public Defender and Alan R. Dakan, Asst. Public Defender, for appellant.
Jim Smith, Atty. Gen. and Paul Mendelson, Asst. Atty. Gen., for appellee.
Before NESBITT, FERGUSON and JORGENSON, JJ.
We affirm on the grounds that the testimony of the expert witness — a medical doctor qualified as an expert in matters of involuntary sexual battery — that there was injury to the child's anal cavity and that the injury was inconsistent with accident or self-infliction, but was consistent with an intentional penetration by another person sufficiently established the corpus delicti as a predicate for admitting defendant's confession, see e.g., Vaillancourt v. State, 288 So.2d 216 (Fla. 1974); Holland v. State, 359 So.2d 28 (Fla.3d DCA 1978), cert. denied, 367 So.2d 1124 (Fla. 1979); Eierle v. State, 358 So.2d 1160 (Fla.3d DCA 1978), cert. denied, 364 So.2d 884 (Fla. 1978). The time period stated within the indictment as the date of offense is not a necessary element to establishing the corpus delicti.
Affirmed.