J.B.J. v. State

Appellant, J.B.J., appeals an order of adjudication of delinquency for the offense of sexual battery by a person under the age of eighteen on a victim under the age of twelve. Appellant argues that the trial court abused its discretion in finding the four-year-old victim competent to testify and in allowing the investigating officer to give hearsay testimony. We agree. Accordingly, we reverse and remand for a new trial.

Prior to trial, the court and Appellant’s counsel questioned the victim to determine whether she was competent to testify:

*314BY THE COURT:

Q: .... You know the difference between…