Cabrera v. State

“[I]t is essential that the trustworthiness and reliability requirements of section 90.803(23) be strictly followed.” State v. Townsend, 635 So.2d 949, 957 (Fla.1994). Although the majority upholds the ruling below, it is unable to say that the trial judge-strictly followed the statutory re*776quirements. Because the trial court should not have allowed the hearsay evidence—and because there is no question about its prejudice—our obligation is to reverse and remand for a new trial.1

I

Bernardino Cabrera lived with his girlfriend and the three young sons they had together. The girlfriend’s daughter…