Alex Henson v. State of Florida
CourtDistrict Court of Appeal of Florida
Date FiledNovember 24, 2021
Docket1D20-2043
StatusPublished
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Full Opinion
FIRST DISTRICT COURT OF APPEAL
STATE OF FLORIDA
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No. 1D20-2043
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ALEX HENSON,
Appellant,
v.
STATE OF FLORIDA,
Appellee.
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On appeal from the Circuit Court for Okaloosa County.
John Jay Gontarek, Judge.
November 24, 2021
PER CURIAM.
Alex Henson appeals his convictions for sexual battery on his
minor child, two counts of lewd and lascivious exhibition in front
of his child, and providing obscene material to his child. He argues
the trial court erred in admitting and publishing to the jury child
pornography he showed to his child because it was not similar fact
evidence as defined by section 90.404(2), Florida Statutes (2020).
The State argues Henson was charged with providing obscene
material to his child and so admitting the videos and images that
were shown to the child is relevant evidence to corroborate the
child’s testimony. We agree and reject Henson’s argument to the
contrary.
The child testified that Henson showed her the pornographic
images and videos and then acted them out with her. In light of
the charges and other evidence presented, the images and videos
were admissible and did not need to be admitted as similar fact
evidence under section 90.404(2).
We also affirm the trial court’s ruling that the probative value
of the child pornography outweighed the prejudice to Henson.
While the introduction of the child pornography evidence was
certainly harmful to Henson’s case, little is more probative to the
charge of providing obscene material to a minor than the obscene
material itself. We reject Mr. Henson’s other arguments on appeal
without further discussion.
AFFIRMED.
RAY, WINOKUR, and LONG, JJ., concur.
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Not final until disposition of any timely and
authorized motion under Fla. R. App. P. 9.330 or
9.331.
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Matthew R. McLain of McLain Law, P.A., Longwood, for Appellant.
Ashley Moody, Attorney General, and Daren Shippy, Assistant
Attorney General, Tallahassee, for Appellee.
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