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Richardson v. Florida

Florida Court of Appeals, First District
Jul 13, 2022
No. 1D21-1022 (Fla. Dist. Ct. App. Jul. 13, 2022)

Opinion

1D21-1022

07-13-2022

Torie Germanyllashea Richardson, Appellant, v. State of Florida, Appellee.

Jessica J. Yeary, Public Defender, and Kevin P. Steiger, Assistant Public Defender, Tallahassee, for Appellant. Ashley Moody, Attorney General, and David Welch, Assistant Attorney General, Tallahassee, for Appellee.


Not final until disposition of any timely and authorized motion under Fla. R. App. P. 9.330 or 9.331.

On appeal from the Circuit Court for Alachua County. James M. Colaw, Judge.

Jessica J. Yeary, Public Defender, and Kevin P. Steiger, Assistant Public Defender, Tallahassee, for Appellant.

Ashley Moody, Attorney General, and David Welch, Assistant Attorney General, Tallahassee, for Appellee.

PER CURIAM

Appellant was convicted by a jury of sexual crimes he committed against a child. He argues on appeal the trial court made insufficient findings when it admitted child hearsay statements under section 90.803(23)(c), Florida Statutes (2020). We held in Coleman v. State, 315 So.3d 166 (Fla. 1st DCA 2021), that to preserve this argument for appellate review, the trial court must be put on notice of the alleged deficiency after its ruling. Appellant concedes he did not make a sufficient objection under Coleman. Because this issue was not preserved, we affirm. We reject Appellant's second argument without further comment.

Affirmed.

Winokur and Long, JJ., concur

Makar, J., concurring in result.

Richardson's counsel made sufficient objections under Hopkins v. State, 632 So.2d 1372, 1375 (Fla. 1994) and In Interest of R.L.R., 647 So.2d 251 (Fla. 1st DCA 1994), but because the trial court's ruling on the merits of the child hearsay issue is supportable, affirmance is warranted.


Summaries of

Richardson v. Florida

Florida Court of Appeals, First District
Jul 13, 2022
No. 1D21-1022 (Fla. Dist. Ct. App. Jul. 13, 2022)
Case details for

Richardson v. Florida

Case Details

Full title:Torie Germanyllashea Richardson, Appellant, v. State of Florida, Appellee.

Court:Florida Court of Appeals, First District

Date published: Jul 13, 2022

Citations

No. 1D21-1022 (Fla. Dist. Ct. App. Jul. 13, 2022)