Cowan v. State
This text of 165 So. 3d 58 (Cowan v. State) is published on Counsel Stack Legal Research, covering District Court of Appeal of Florida primary law. Counsel Stack provides free access to over 12 million legal documents including statutes, case law, regulations, and constitutions.
Opinion
In this direct appeal, appellant claims the trial court erred by failing to make the required findings of reliability pursuant to section 90.803(23), Florida Statutes (2009), when it ruled the child victim’s out-of-court statements were admissible at trial. We agree with the state that this claim is not preserved for appeal because appellant failed to make a contemporaneous objection to the lack of findings. Elwell v. State, 954 So.2d 104, 109 (Fla. 2d DCA 2007); accord, Rodriguez v. State, 120 So.3d 656 (Fla. 1st DCA 2013); McCloud v. State, 91 So.3d 940, 941 (Fla. 1st DCA 2012). Accordingly, we affirm.
AFFIRMED.
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165 So. 3d 58, 2015 WL 2375273, Counsel Stack Legal Research, https://law.counselstack.com/opinion/cowan-v-state-fladistctapp-2015.