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Farias v. State, No. 4D08-406 (Fla. App. 3/31/2010) (Fla. App., 2010)

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JUAN JOSE FARIAS, Appellant, v. STATE OF FLORIDA, Appellee. No. 4D08-406. District Court of Appeal of Florida, Fourth District. March 31, 2010. Appeal from the Circuit Court for the Nineteenth Judicial Circuit, St. Lucie County, Gary L. Sweet, Judge, L.T. Case No. 562004CF3201A. Jonathan Jay Kirschner, of Jonathan Jay Kirschner, Esq. & Associates, LLC, Fort Pierce, for appellant. Bill McCollum, Attorney General, Tallahassee, and Melanie Dale Surber, Assistant Attorney General, West Palm Beach, for appellee. TAYLOR, J. Defendant Juan Jose Farias appeals a final judgment of conviction and sentence for one count of lewd or lascivious molestation of a child under 12. He raises three issues on appeal: (1) whether the trial court committed reversible error in admitting photographic evidence; (2) whether the trial court erred in admitting child-victim hearsay testimony; and (3) whether the prosecutor engaged in prosecutorial misconduct that constituted fundamental error...continue to full post

Full post as published by Florida Criminal Law Opinions on March 31, 2010 (boomark / email).