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Oliver Young, Jr. vs State of Florida
Date: 04-03-2020
Case Number: 1D18-4483 1D18-4484 1D18-4485 1D18-4486
Judge: Ross L. Bilbrey
Court: FIRST DISTRICT COURT OF APPEAL STATE OF FLORIDA
Plaintiff's Attorney: Ashley Moody, Attorney General, and Kristen J. Lonergan,
Assistant Attorney General
Defendant's Attorney:
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Prior to trial, the State gave notice of its intent to introduce
out-of-court statements made by the child victims. The State
intended to introduce the hearsay through two witnesses, a case
worker with the Child Protection Team, and the paternal
grandmother of the children. The defense objected, and a hearing
2
was held to determine the admissibility of the evidence under
section 90.803(23), Florida Statutes (2018). After receiving
argument and the proffered testimony, the trial court made oral
findings in support of its determination that the hearsay was
admissible. The trial court indicated it would enter a written order
at a later time, but no written order appears in the record.
Young suggests on appeal that the trial court erred in not
entering the written order. However, section 90.803(23) does not
mandate that a trial court enter written findings. Instead, the
statute provides only that the trial court “shall make specific
findings of fact, on the record, as to the basis for its ruling under
this subsection.” Id. Young made no objection to the sufficiency of
the oral findings. As for the possibility that Young did not object
to the sufficiency of the oral findings because he was anticipating
entry of written findings, he cannot now seek reversal of his
conviction when he failed to inquire below as to the lack of written
findings. See Cowan v. State, 165 So. 3d 58 (Fla. 1st DCA 2015);
Elwell v. State, 954 So. 2d 104 (Fla. 2d DCA 2007).
Young also argued below, and renews the argument here, that
the probative value of the child victim hearsay was outweighed by
unfair prejudice. We find no abuse of discretion. See Jenkins v.
State, 242 So. 3d 499 (Fla. 1st DCA 2018) (applying the abuse of
discretion standard to review the admission of hearsay statements
of a child victim of sexual abuse).
“‘Relevant evidence is inherently prejudicial; however it is
only unfair prejudice, substantially outweighing probative value,
which permits exclusion of relevant matters.’” State v. Blackwell,
787 So. 2d 963, 965 (Fla. 1st DCA 2001) (quoting State v. Andres,
552 So. 2d 1151, 1153 (Fla. 3d DCA 1989)). “‘Section 90.403 ... is
directed at evidence which inflames the jury or appeals improperly
to the jur[ors’] emotions.’” Steverson v. State, 695 So. 2d 687, 688–
89 (Fla. 1997) (quoting C. Ehrhardt, Florida Evidence § 403.1 at
100–03 (2d ed. 1984)).
Given the dearth of physical evidence, the statements of the
children to their grandmother and then to the Child Protection
Team interviewer were quite probative, especially given that
statements were made in temporal proximity to the alleged
commission of charged offenses. Given the lack of corroborating
3
evidence, the hearsay certainly was not cumulative or repetitive.
While testimony about child sexual abuse is by its nature
unsettling, the hearsay introduced below was not unnecessarily
inflammatory or improperly directed to the jury’s emotions.
Accordingly, the trial court did not abuse its discretion in rejecting
the assertion that the hearsay was unfairly prejudicial. Young’s
convictions are affirmed.*
About This Case
What was the outcome of Oliver Young, Jr. vs State of Florida?
The outcome was: AFFIRMED
Which court heard Oliver Young, Jr. vs State of Florida?
This case was heard in FIRST DISTRICT COURT OF APPEAL STATE OF FLORIDA, FL. The presiding judge was Ross L. Bilbrey.
Who were the attorneys in Oliver Young, Jr. vs State of Florida?
Plaintiff's attorney: Ashley Moody, Attorney General, and Kristen J. Lonergan, Assistant Attorney General. Defendant's attorney: Need help finding a lawyer for representation for appealing two convictions for lewd and lascivious molestation of a child under the age of 12 years arguing the trial court erred in admitting child hearsay in Florida? Call 918-582-6422. It's Free..
When was Oliver Young, Jr. vs State of Florida decided?
This case was decided on April 3, 2020.