CASTRO MENDEZ v. STATE (2021)

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.

Per Curiam.

Ray, Winokur, and Long JJ., concur.