[Download] "Baugh v. State" by In the District Court of Appeal of Florida Second District * Book PDF Kindle ePub Free
eBook details
- Title: Baugh v. State
- Author : In the District Court of Appeal of Florida Second District
- Release Date : January 31, 2003
- Genre: Law,Books,Professional & Technical,
- Pages : * pages
- Size : 66 KB
Description
Raymond Baugh appeals from his conviction for capital sexual battery upon the seven-year-old daughter of his former girlfriend, for which he received a sentence of life in prison. The substantive evidence against him at trial consisted almost exclusively of pretrial unsworn child hearsay statements admitted pursuant to section 90.803(23), Florida Statutes (2000), which directly conflicted with the victim's in-court testimony. The question we face in this case is whether, given the child victim's in-court testimony that there was never any sexual abuse, the child's out-of-court hearsay statements alone can sustain the defendant's conviction for capital sexual battery. We hold that the prior statements alone cannot sustain the defendant's conviction. However, in this case there was some other evidence that would give rise to the inference that Mr. Baugh committed the crime of which he was accused. In light of that other corroborative evidence, we affirm Mr. Baugh's conviction.