07-5050 JEREMIAH JOHNSON v. STATE OF FLORIDA

State: Florida

Court: Florida First District Court

Docket No: 07-5050

Case Date: 12/05/2008

Preview:IN THE DISTRICT COURT OF APPEAL FIRST DISTRICT, STATE OF FLORIDA JEREMIAH JOHNSON, Appellant, v. CASE NO. 1D07-5050 STATE OF FLORIDA, Appellee. _____________________________/ Opinion filed December 5, 2008. An appeal from the Circuit Court for Suwannee County. David W. Fina, Judge. Nancy A. Daniels, Public Defender, and Steven L. Seliger, Assistant Public Defender, Tallahassee, for Appellant. Bill McCollum, Attorney General, and Donna A. Gerace, Assistant Attorney General, Tallahassee, for Appellee. NOT FINAL UNTIL TIME EXPIRES TO FILE MOTION FOR REHEARING AND DISPOSITION THEREOF IF FILED

PER CURIAM. Appellant Jeremiah Johnson seeks review of his convictions for sexual battery upon a child younger than twelve and lewd or lascivious molestation. The only issue in this case is whether the trial court complied with the dictates of section 90.803(23), Florida Statutes (2007), and State v. Townsend, 635 So. 2d 949

(Fla. 1994), in determining the reliability of certain incriminating out-of-court statements by the child-victim. For the State to use, at trial, evidence of a child-victim's out-of-court statements describing sexual abuse, the trial court must find that the hearsay statements are reliable. See

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