Matthew Edward Zink v. State of Florida

Summary

The Sixth District Court of Appeal of Florida affirmed Matthew Edward Zink’s judgment and life sentence for lewd and lascivious molestation of a child under 12. The court upheld the exclusion of alleged child-hearsay testimony and concluded that any error in the trial court’s prison releasee reoffender finding was harmless because the offense independently subjected Zink to a life sentence.

Holdings

1. The court affirmed the trial court's finding that the alleged child-hearsay statements were inadmissible, without further comment.
2. Any error in the trial court's finding concerning Zink's prior release date was harmless beyond a reasonable doubt because the offense independently subjected Zink to a life sentence, meaning he was not serving an enhanced sentence as a result of the prison releasee reoffender designation.

Questions Presented

1. Whether the trial court erred by excluding a witness's testimony concerning alleged child-hearsay statements.
2. Whether Zink's prison releasee reoffender designation was illegal because the trial court, rather than a jury, found the date of his release from custody on a prior conviction.
3. Whether any error in the prison releasee reoffender designation was harmless when the underlying offense independently subjected Zink to a life sentence.

Disposition

affirmed