Ortuno v. State

Appellant, Servando Ortuno, Jr., challenges his conviction for lewd or lascivious molestation of a person less than 16 years of age, asserting the trial court abused its discretion by admitting into evidence the alleged victim’s prior consistent statements. We reverse, because the established rationale for allowing such statements as exceptions to the hearsay rule does not apply here.

FACTUAL AND PROCEDURAL BACKGROUND

At trial, the alleged victim, K.C., testified that appellant had touched her inappropriately on two occasions in 2008, around the time of her thirteenth birthday. Describing the…