James Roberts, Appellant, v. The State of Florida, Appellee. (2017)

District Court of Appeal of Florida, Third District.

James Roberts, Appellant, v. The State of Florida, Appellee.

No. 3D16-269

Decided: October 04, 2017

Before EMAS, LOGUE, and LINDSEY, JJ.

Carlos J. Martinez, Public Defender, and Jonathan Greenberg, Assistant Public Defender, for appellant. Pamela Jo Bondi, Attorney General, and Michael W. Mervine, Assistant Attorney General, for appellee.

Affirmed.

I respectfully dissent because the trial court failed to make specific findings of fact regarding reliability and trustworthiness, as required by section 90.803(23)(a) and (c), Florida Statutes (2014). See State v. Townsend, 635 So. 2d 949 (Fla. 1994); Hopkins v. State, 632 So. 2d 1372 (Fla. 1994); Rodriguez v. State, 77 So. 3d 649 (Fla. 3d DCA 2011); Barton v. State, 704 So. 2d 569 (Fla. 1st DCA 1997); Garcia v. State, 659 So. 2d 388 (Fla. 2d DCA 1995). The trial court also improperly considered corroborating evidence in reaching its conclusion. Townsend, 635 So. 2d at 958; Rodriguez, 77 So. 3d at 651.

I would reverse and remand for a new trial.

PER CURIAM.

LOGUE and LINDSEY, JJ., concur.

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