Cabrera v. State

OSTERHAUS, J.,

specially concurring.

I agree with Judge Lewis’s opinion, but acknowledge the dissent’s point that it would have been better if the trial court’s findings were more comprehensive. It’s a close call.

First, I don’t see a problem with how the court addressed the interview responses of the child victim that seemed nonsensical to adult ears. As a threshold matter, the victim testified clearly in both the pretrial interview and at trial that Appellant had violated her sexually. But she also gave some non-responsive and puzzling responses to questions during the investigative interview.…