State v. Porras

LISA WHITE HARDWICK, Judge.

Joseph Porras was charged with two counts of statutory sodomy against his three-year old stepdaughter, D.B. He was convicted by jury on Count I and acquitted on Count II. On appeal, Mr. Porras asserts the trial court erred in admitting evidence of D.B.’s out-of-court statements pursuant to § 491.075, 1 in submitting Count II to the jury after D.B. recanted facts supporting that charge, and in failing to remind the jury to consider the two counts separately after it initially deadlocked during deliberations. We affirm.

Factual and Procedural Background

D.B., born…