M.C. v. State

Following a jury trial which resulted in a verdict finding him guilty of sexual battery upon a victim less than twelve years of age, the trial court entered an order concluding that appellant had committed a delinquent act. Adjudication of delinquency was withheld, and appellant was placed in the custody of the Department of Juvenile Justice. Appellant argues that the trial court abused its discretion when it found that the alleged child victim was competent to testify, because the competency examination was inadequate. We agree. See, e.g., Fuller v. State, 669 So.2d 273 (Fla. 2d DCA), review…