Legal Opinion

Nunez v. State

District Court of Appeal of Florida

Decided March 27, 2013No. 3D11-3156Published

1Opinion of the CourtEmas, J.

Fermín Nunez appeals his conviction of, and sentence for, one count of sexual battery on a person less than twelve years old and one count of lewd and lascivious molestation on a person less than twelve years old. We reverse, because the trial court provided to the jury, during its deliberations, an unredacted forensic interview of the victim, after the court had properly excluded portions of that recorded interview pursuant to a pretrial motion in li-mine.

The facts pertinent to the issue on appeal establish the following:

On July 9, 2010, the five-year-old victim, A.B. was playing video games…

2Cases cited8 opinions

  1. Williams v. StateSupreme Court of Florida · 1959
  2. Martinez v. StateSupreme Court of Florida · 2000
  3. Young v. StateSupreme Court of Florida · 1994
  4. Peterson v. StateSupreme Court of Florida · 2009
  5. Kopsho v. StateSupreme Court of Florida · 2012

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