Victor William Castro-Mendez v. State of Florida
CourtDistrict Court of Appeal of Florida
Date FiledDecember 22, 2021
Docket1D19-3854
StatusPublished
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Full Opinion
FIRST DISTRICT COURT OF APPEAL
STATE OF FLORIDA
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No. 1D19-3854
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VICTOR WILLIAM CASTRO-
MENDEZ,
Appellant,
v.
STATE OF FLORIDA,
Appellee.
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On appeal from the Circuit Court for Walton County.
Kelvin C. Wells, Judge.
December 22, 2021
PER CURIAM.
Victor Williams Castro-Mendez appeals his convictions for
lewd or lascivious battery on a person between the ages 12 and 16
and lewd or lascivious molestation on a person less than 12 years
of age by a person over the age of 18. Among the State’s evidence
at trial was a recording of the victim’s statement taken during a
Child Protective Team interview. Castro-Mendez first argues the
trial court erred by admitting this evidence in the absence of notice
and specific factual findings that the victim’s hearsay statements
were reliable as required by section 90.802(23), Florida Statutes
(2019). We address this first argument and affirm on the second
issue raised without further discussion.
The hearsay claim is not preserved for appeal because Castro-
Mendez failed to make a contemporaneous objection to the lack of
notice or factual findings on the reliability of the child hearsay
statement. See Coleman v. State, 315 So. 3d 166 (Fla. 1st DCA
2021) (concluding that an objection to the legal sufficiency of the
trial court’s findings on the reliability of a child hearsay statement
is necessary to preserve the issue for review). Castro-Mendez’s
general hearsay objection was not sufficient to preserve the issue
for appellate review.
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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Jessica J. Yeary, Public Defender, and Danielle Jorden, Assistant
Public Defender, Tallahassee, for Appellant.
Ashley Moody, Attorney General, and Damaris Reynolds,
Assistant Attorney General, Tallahassee, for Appellee.
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