Sheets v. State

This is an appeal from convictions for sexual battery upon a child less than 12 years of age and lewd and lascivious act upon a child less than 16 years of age. We find merit in one of the four issues presented for review. Appellant correctly contends the trial court erred in admitting hearsay statements of a child witness who was not the victim under section 90.803(23), Florida Statutes. See State v. Dupree, 656 So.2d 430 (Fla.1995).

This error is subject to a harmless error analysis. See Arney v. State, 652 So.2d 437 (Fla. 1st DCA 1995). With regard to the hearsay testimony of a child…