RONALD THOMAS CARTER, APPELLANT,
v.
STATE OF FLORIDA, APPELLEE
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PER CURIAM.
Appellant seeks review of his conviction for a lewd, lascivious or indecent assault or act upon a child. He argues that the trial court should have granted his motion for a judgment of acquittal made at the conclusion of the state’s case, and that it erroneously permitted two witnesses to testify regarding out-of-court statements made to them by the victim. We conclude that the evidence presented by the state was legally sufficient to create a jury question regarding appellant’s guilt and that, there fore, the trial court correctly denied the motion for a judgment of acquittal. Although the trial court’s findings regarding the reliability of the victim’s out-of-court statements may have been legally insufficient, we conclude, further, that any error in that regard was clearly harmless in light of appellant’s admission to the investigating detective. Hopkins v. State, 632 So. 2d 1372 (Fla.1994). Accordingly, we affirm.
AFFIRMED.
KAHN, WEBSTER and VAN NORTWICK, JJ., CONCUR.
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Citator
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Hughes v. State, 819 So. 2d 815 (Fla. 1st DCA 2002)…irm. First, to the extent that the trial court erred by allowing the prosecutor to make references to the alleged failed results of Appellant’s voice stress test, it was [*816] harmless error because of Appellant’s admissions. See Carter v. State, 737 So. 2d 626, 627 (Fla. 1st DCA 1999)(concluding that “any error in that regard was clearly harmless in light of appellant’s admission”). On the second issue, we agree with Appellant that the trial court’s findings were insufficient to satisfy the requirements…
Authorities Cited
- Hopkins v. State, 632 So. 2d 1372 (Fla. 1994)