Sarasota Criminal Attorney Blog
When someone is convicted of a sex crime in Florida, the consequences are often devastating. But a conviction at trial does not always mark the end of the road. Defendants have the right to appeal, and appellate courts serve as a critical safeguard against trial errors, unfair evidentiary rulings, and convictions not supported by the evidence. A recent decision from a Florida court highlights how appellate review can provide meaningful relief when the trial process falls short. If you are charged with a sex crime, it is smart to speak to a Sarasota sex crime defense attorney as soon as possible to discuss what you can do to protect your interests.
Factual and Procedural History
Allegedly, the defendant was charged with multiple counts of sexual battery and lewd or lascivious molestation involving his daughter. The State claimed the conduct began when the child was under twelve and continued into her teenage years. The charges included sexual battery by various means, lewd touching of the child’s genitals and breasts, and transmission of an image harmful to a minor. The State further alleged that the defendant groomed the child through repeated abuse over several years.
It is reported that a jury convicted the defendant on nearly all counts, except for one sexual battery allegation. The trial court imposed life sentences on the most serious charges and concurrent terms on others. The defendant appealed, arguing that the child was not properly evaluated for competency to testify, that discovery rules were violated, that the trial court improperly admitted evidence of uncharged crimes, that the State’s proof was insufficient on several counts, and that his post-verdict motion for a new trial was wrongly denied.
Analysis of Trial Court Evidentiary Rulings
On appeal, the defendant argued the child witness was not properly evaluated before being allowed to testify. The trial court confirmed only that she knew the difference between truth and lies, but did not explore whether she could reliably recall events or understand her moral duty to testify truthfully. Florida law requires trial courts to ensure a child appreciates the need to tell the truth and has the ability to accurately describe events. Because defense counsel declined further questioning at trial, the court held that the issue was not preserved and affirmed the trial court’s decision.
The defendant also argued that the State failed to comply with discovery by introducing text messages without properly disclosing them before trial. The court found no violation, noting that the defense had the full forensic phone download a year earlier. Even if an error occurred, the court found it harmless.
Next, the defendant contested the admission of prior uncharged abuse. The court explained that such evidence was admissible both as “inextricably intertwined” with the charged conduct and under the Williams rule, which allows evidence of other child molestation offenses to show context or propensity. The State gave sufficient notice, the evidence was relevant to rebut claims of fabrication, and the trial court limited its use so it did not overwhelm the case.
Lastly, the defendant argued that his convictions were not supported by the evidence. The court reviewed the record de novo and affirmed most counts, finding that testimony from the victim and corroborating records met the State’s burden. However, one conviction for lewd touching of the victim’s breasts when she was under twelve rested solely on hearsay without a timeline. The court reversed that conviction. On all others, including the charge of transmitting a harmful image, the court affirmed, clarifying that the law only requires proof the image was sent, not that it was viewed.
Talk to a Dedicated Sarasota Criminal Defense Attorney Today
If you are charged with a sex crime or any serious offense, it is essential to understand that trial errors and evidentiary rulings can shape the outcome of your case. The experienced Florida sex crime defense attorneys at Hanlon Law are committed to challenging improper rulings and ensuring the State meets its burden of proof. Contact our Sarasota office at 941-462-1789 or complete our online form to schedule a consultation today.