Pagan v. State

Jorge Castro Pagan, defendant below, appeals his conviction on two counts of sexual battery and two counts of lewd assault. We affirm.

Defendant challenges the admission of the child victim’s hearsay statements under subsection 90.803(23), Florida Statutes (1989). The trial court made a finding, required by the statute, that the child victim was unavailable to testify because “the *745child’s participation in the trial or proceeding would result in a substantial likelihood of severe emotional or mental harm....” Id. § 90.803(23)(a)(2)(b). We conclude, contrary to defendant’s submission, that the…