Jones v. State

I respectfully dissent. The defendant’s age was an element of the crime charged. The State proved that element by having a law enforcement officer testify to the date of birth shown on the defendant’s driver’s license at the time of arrest. I agree with the defendant that the trial court erred in allowing the State to rely on this hearsay testimony to establish his age as an element of the crime.

The State charged the defendant with three counts of unlawful sexual activity with a minor by a person twenty-four years of age or older. During direct examination of the arresting officer, and over a…